CHAPTER 11

AGRARIAN REFORM

BRIEF HISTORICAL SUMMARY OF LAND REFORM RELATED-LAWS

In 1955, the Land Reform Act (RA 1400) was passed, setting in motion the
expropriation of all tenanted areas.
On August 8, 1963, the Agricultural Land Reform Code (RA 3844) was
enacted, abolishing share tenancy. RA 3844 created the Land Bank of the Philippines
(LBP) to provide support in all phases of agrarian reform. As its major thrust, the RA
aimed to create a system of owner cultivatorship in rice and corn, supposedly to be
accomplished by expropriating lands in excess of 75 hectares for their eventual
resale to tenants. The law, however, had this restricting feature: its operations were
confined mainly to areas in Central Luzon, and its implementing at any level of
intensity limited to the pilot project in Nueva Ecija.
Subsequently, Congress passed the Code of Agrarian reform (RA 6389)
declaring the entire country a land reform area, and providing for the automatic
conversion of tenancy to leasehold tenancy in all areas. From 75 hectares, the
retention limit was cut down into seven hectares.
Barely a month after declaring martial law in September 1972, then
President Ferdinand Marcos issued Presidential Decree No. 27 (PD 27) for the
“emancipation of the tiller from the bondage of the soil,” in October 21, 1972.
Based on this issuance, tenant-farmers, depending on the size of the landholding
worked on, can either purchase the land they tilled or shift from share to fixed-rent
leasehold tenancy. While touted as “revolutionary,” the scope of agrarian reform
program PD 27 enunciated covered only tenanted, privately-owned rice and corn
lands.
Then came the revolutionary government of then President Corazon C. Aquino
and the drafting and eventual ratification of the 1987 Constitution. Its provisions
foreshadowed the establishment of a legal framework for the formulation of an
expansive approach to land reform, affecting all agricultural lands and covering both
tenant-farmers and regular farmworkers.
So it was that proclamation No. 131, Series of 1987, was issued instituting a
Comprehensive Agrarian Reform Program (CARP) to cover all agricultural lands,
regardless of tenurial arrangement and commodity produced, as provided in the
Constitution.
On July 22, 1987, Executive Order No 229 (EO 229) was issued providing,
as its title indicates, the mechanisms of CARP implementation. It created the
Presidential Agrarian Reform Council (PARC) as the highest policy-making body that
formulates all policies, rules and regulations necessary for the implementation of
CARP.
On June 10, 1988, RA 6657 or the Comprehensive Agrarian Reform Law of
1988, also known as CARL or the CARP Law, took effect, ushering in a new process of
land classification, acquisition, and distribution.
On August 7, 2009, RA 9700 or also known as Comprehensive Agrarian
Reform Extended Reform Law (CARPER Law) was took effect an act of an act
strengthening the Comprehensive Agrarian Reform Program (CARP), extending the
acquisition and distribution of all agricultural lands, instituting necessary reforms,
amending for the purpose certain provisions of Republic Act No. 6657, otherwise
known as the comprehensive agrarian reform law of 1988.

HISTORY OF COMPREHENSIVE AGRARIAN REFORM PROGRAM (CARP)

Aquino Administration

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 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.”
On June 10, 1988, Former Pres. Aquino signed into law Republic Act No.
6657 known as Comprehensive Agrarian Reform Law (CARL) which became
effective on June 15,1988.

President Corazon Aquino enacted the following laws:

a. 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.
b. Executive Order No. 229, July 22, 1987- Provided mechanism for the
implementation of the Comprehensive Agrarian Reform Program (CARP)
c. Proclamation No. 131, July 22, 1987- Instituted the CARP as a major
program of the government. It provided for a special fund known as Agrarian
Reform Fund (ARF), with an initial amount of 50 billion pesos to cover the
estimated cost of the program from 1987-1992.
d. Executive Order No. 129-A, July 26, 1987- Streamlined and expanded the
power and operations of DAR
e. Republic Act No. 6657, June 10, 1988 (CARL)- 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.
f. 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.
g. 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.

Ramos Administration (1992-1998)

When President Fidel V. Ramos took over in 1992, his administration came
face-to-face with publics who have lost confidence in the agrarian reform program.

President Ramos enacted the following laws:

a. Republic Act No. 7881, 1995- Amended certain provisions of RA 6657 and
exempted fishponds and prawns from the coverage of CARP.
b. Republic Act No. 7905, 1995- Strengthened the implementation of the
CARP.
c. Executive Order No. 363, 1997- 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.
d. Republic Act 8435, 1997 (Agriculture and Fisheries Modernization Act
AFMA)- Plugged the legal loopholes in land use conversion.
e. Republic Act 8532, 1998 (Agrarian Reform Fund Bill) – Provided an
additional of 50 billion pesos for CARP and extended its implementation for
another 10 years.

Estrada Administration (1998-2000)

“Erap Para sa Mahirap” was the battle cry that endeared President Joseph
Estrada and made him very popular during the 1998 presidential election.

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 President Estrada initiated the enactment of the Executive Order No. 151,
September 1999 (Farmer’s Trust Fund) which allowed the voluntary
consolidation of small farm operation into medium and large scale integrated
enterprise that can access long-term capital. He also launched the “Magkabalikat
Para sa Kaunlarang Agraryo” or MAGKASAKA.

Arroyo Administration (2000-2010)

The Agrarian reform program under the Arroyo administration is anchored on

the 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”

a. 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.
b. Provision of Support Services – CARP not only involves the distribution of
lands but also included the package of support services which includes; credit
assistance, extension services, irrigation facilities, roads and bridges,
marketing facilities, training and technical support programs.
c. Infrastructure Projects- DAR will transform the Agrarian Reform
Communities (ARC’s) , 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.
d. KALAHI AR Zone- The KALAHI Agrarian Reform (KAR) Zones were launched.
These zones consist of one or more municipalities with concentration of ARC
population to achieve greater agro-productivity.
e. 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. DAR will respect the rights of both farmers and landowners.

Benigno Aquino Administration (2010-Present)

- DAR releases list of 6,212 Hacienda Luisita Beneficiaries.

BACKGROUND OF LAND REFORM

Land is a fundamental asset for the rural and urban poor. It provides a
foundation for economic activities and functioning of market institutions (for
example, credit) and nonmarket institutions (such as local government and social
networks). Secure property rights provide increased incentives, such as access to
cheaper credit, which encourage households and individuals to invest in land. For
most poor people, land is the primary means of generating a livelihood and it may
also be the main vehicle for investing, accumulating wealth, and then transferring
such wealth between generations. In rural areas, a significant amount of land
remains in the hands of a small number of people and is farmed as haciendas, with
large tracts that are still under sugarcane. Such inefficient and inequitable property
rights and land markets are a core problem of the land subsector in the Philippines.
They have, in turn, resulted in tenure insecurity and subsequent low investments in
land, leading to secondary effects such as land degradation and poor agricultural
production. Research has shown that secure property rights are an enabling factor in
improving the investment climate, natural resources management, urban land
management, and decentralization, as well as in promoting good governance.
The Government addresses issues of land equity, tenure security, property
rights, and land markets through two main elements of a broader strategic
framework—land administration and agrarian reform. These elements involve many
agencies, from the Department of Finance for valuation and tax issues, to the

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Department of Agrarian Reform (DAR), for land issues in rural agricultural areas.
However, two agencies, the Department of Environment and Natural
Resources (DENR) and DAR are the key implementing agencies.
DENR is responsible for land administration, where the objectives are to
improve service delivery and reduce “red tape” and corruption in registration of land
transactions. . Improved service delivery, increased coverage of the land
administration system, and standardized and consistent property valuation system
are expected to increase land registration, which would in turn increase government
revenues from land-related taxes and fees, thereby leading to improvement and
sustainability of public services in general.
DAR is responsible for agrarian reform, in which the primary objective is to
reduce land inequality, primarily in rural areas. With an estimated 41.4 percent of the
population living in rural areas, and 64 percent of them involved in agriculture, the
agrarian reform program is meant not only to improve tenure security, but
constitutes a poverty reduction tool aimed at increasing farm revenues, and through
the investments that come from land ownership, contribute to sustainable land use.
The agrarian reform system was developed to improve access of the rural poor to
land as well as function as a poverty reduction program.
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.
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, [Link] 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.

CONCEPTS

Reform – implies the existence of a defect that something is deformed or malformed

and does not suit the existing condition.

Land reform – refers to the full range of measures that may or should be taken to
improve or
remedy the respect of to their rights in land
 Defined as an integral set of measures singed to eliminate obstacles to
economic and social development arising out of defects in the agrarian
structure.

Land tenure structure

 A concept which refers to one or more land structure systems regulating the
right to ownership and control and usage of land and the duties
accompanying such right.

Agricultural tenancy
 A manner of holding agricultural lands, is only one of several forms of land
tenure rights of land.
Land tenure structure Measures
 Redistribution of private lands (through expropriation or purchase)
 Distribution of lands in the public domain resettlement or colonization
 Regulation of tenancy (provision on penalties for wrongful eviction of tenants,
prohibition of subletting by tenant, etc.)
 Regulation of agricultural labor contracts and wages
 Elimination of absentee landlordism and transfer of land ownership to actual
tillers

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Production structure
 A concept which relates to the nature, type and modus operandi as well as the
actual process of production or farm operation.
 Directly related to the size, location and shape of production unit or holding,
which may be operated singly or with assistance from others.

Production structure Measures

 Consolidation of small, uneconomic holdings to insure optimum utilization
 Imposition of a floor on holdings or economic size beyond which subdivisions
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.

DISTINGUISHED
Land Tenure Structure Production Structure
Rights in land Production and use of land
Ownership holding Operation holding
Refers to the right over land, whether in terms Refers to the actual management of
of full ownership or as circumscribed by law, holding or manner in which the land
irrespective of the manner in which the is cultivated or operated
holding is operated or managed. irrespective or ownership.

Structure of Supporting Services

 A concept that involves matters like credit, marketing, the supplying of
agricultural requisites, processing, storage, etc. and other technical assistance
bearing on reforms of tenure and production structures.
 These services are provided mainly by the:
 Department of Agrarian Reform,
 Land Bank and;
 Bureau of Agricultural Extension.
 They are designed to insure the success of the farmer who has
acquired anew tenure status as lessee, amortizing owner-cultivator.
They prepare the lessee for landownership and assist the owner-
cultivator to use the land more productively and thus increase his
income.

Agrarian structure
 Is defined as a complex set or relationships within the agricultural sector
among tenure structure, production structure and the structure of supporting
services.

Agrarian Reform
 Comprises of land reform and development of complimentary institutional
framework such as administrative agencies of the national government, rural
education and social welfare institutions.
 It means remedying not only the distribution and use of land but also and
especially, the accompanying human relations regarding lands, including
economic, social and political relations.

Agrarian Reform Measures

1. Public health programs
2. Family planning
3. Education and training of farmers
4. Reorganization of land reforms agencies
5. Application of labor laws to agricultural workers

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 6. Construction of infrastructure facilities such as feeder roads, irrigation
systems, etc., and the establishment of rural electrification
7. Organization of various types of voluntary associations
8. Providing employment opportunities to underemployed or surplus rural labor;
and;
9. Other services of a community development nature

Land Reform versus Agrarian Reform

Land Reform – refers to the improvement of the farmer’s relationship to the

land that they cultivate.

Comprehensive terms in Agrarian Reform

 Concept – it provides land redistribution and appropriate services. It ensures
the viability of the beneficiaries as independent small farmer-landowners.
 Coverage – it covers the private lands, public lands and other lands of the
public domain which are classified as agricultural, regardless of the crops
planted and tenurial arrangement.
 Beneficiaries – farmers and landowners stand to benefit. Farmers will own
the land they till and landowners will be amply compensated and provided
with necessary capital to reinvest industry.

Principles behind Agrarian Reform

 Social Justice - the democratization of income and wealth by equalizing
access to land as the basic productive resource.
 Just Compensation to Landowners – the full and fair equivalent of the
property taken away from its owner by expropriation. Fair market values are
primarily considered in the land valuation process.
Fair market value – means the full and fair equivalent of the loss sustained
by the landowner.

Salient Features of the Comprehensive Agrarian Reform Program (CARP)

 July 22, 1987 – former Pres. Corazon Aquino signed Proclamation No. 131
instituting CARP as a major program of the government and Executive Order
No. 229 with the enactment of Republic Act No. 6657 signed by the President
on June 10, 1988.

Scope, Exemptions and Exclusions

 Comprehensive Agrarian Reform Law of 1988 (R.A. 6657) shall cover
regardless of the tenurial arrangement and commodity produced, all private
lands provided in Proclamation No. 131 dated July 22, 1987, including
whenever applicable in accordance with law, other lands of the public domain
suitable for agriculture.

ASPECTS OF AGRARIAN REFORM

A. Economic Aspect of Agrarian Reform

1. Vital position of agricultural in national economy
2. Obstacles to agricultural productivity.
3. Agrarian reform, an instrument for increasing agricultural productivity.

B. Socio-cultural Aspect of Agrarian Reform

1. Agrarian reform, a multifaceted program.
2. Assumptions about Filipino tenant farmers. To mention only the relevant
ones, these are, namely:
a. The tenancy problem has its roots in pre-Spanish and Spanish
pasts. It is, therefore, a centuries old problem;

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 b. deeply rooted in history, the tenancy system created a kind of
tenants who are strongly traditional and highly dependent-minded;
and
c. There are only three kinds of landlords; the benevolent one who
acts like a father to the tenant; the malevolent one who
oppresses, and one with the combined characteristics of the first
two.
3. Socio-cultural changes from agrarian reform. According to the general
experience in countries which have achieved successes in their agrarian
reform programs, agrarian reform had resulted to favorable socio-cultural
changes which may be summarized as follows;
a. A change from self-subsistent outlook to one of surplus. The
farmers began putting all their energies in the farm;
b. A sound social order in the farming villages was enhanced
significantly. The farmers became more conscious of the need to
maintain peace and stability in the community so that they could
continuously enjoy the increased benefits in the farm;
c. Farmers’ initiative and active participation in leadership roles were
promoted. Before, such roles were the monopoly of the landowning
class. After land reform, farmers began forming associations stood
in equal footing with their erstwhile landlords in social gatherings
and club meetings. They, too began to take active participation in
local and national elections; and
d. As land reform enhanced agricultural productivity and
consequently, increase net family incomes, the farmer were able to
send their to school. They widened their contracts with the outside
world through frequent trips to market and other places or through
communication facilities which they acquired.

C. Religious Aspect of Agrarian Reform

1. Biblical background.
2. Papal teachings
3. Church estates

D. Moral Aspect of Agrarian Reform

1. One reason concerns the peace and internal stability of a country.
2. Another reason for agrarian reform is the fact that the land-owner has been
more than compensated for his investment on land, while the tenant who
made the landlord’s profits possible is still immersed in poverty
3. There is also the question of injustice involved in landlordism.
4. Another consideration concerns the innate tendency of everyman to own land.
5. A final consideration concerns the economy.

E. Legal Aspect of Agrarian Reform

1. Two vantage points. ---- Strictly legal and sociological.
2. Agrarian reform legislations to conform with Constitution.
3. Constitutional mandates.
4. Policy development concerning agrarian reform.

F. Political Aspect of Agrarian Reform

1. Agrarian reform, a top-priority goal of government.
2. Agrarian reform as a political process.

IMPLEMENTATION OF AGRARIAN REFORM

Ways of Effecting changes in Agrarian Reform

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 Changes in the agrarian structure can be achieved in practice by revolutionary
means, by an authoritarian regime or by evolutionary means through the democratic
process.

1. In a revolutionary situation, it is accomplished as a result of a shift of political,

economic and administrative power to a class which would benefit directly by the
forms.
2. It can also be introduced by an authoritarian regime already in power as a
means of broadening its political base and of accomplishing certain desired
economic and social changes.
3. The implementation of land reform within a politically democratic framework,
however, presents problems.

Requirements for Successful Implementation of Agrarian Reform

Many countries in Asia and in the Far East have legislated for programs of
agrarian reform during the last four decades. There has been however, a wide gap
between the declared objectives of such legislation and the actual realization. This
has been attributed to the failure to appreciate the peculiar nature and the needs of
land reform implementation.

1. Agrarian reform is a complex and often controversial program which usually

meets with opposition form vested interests. It is, therefore, necessary that
any organization for its implementation should provide for a line of command
from the center to filed levels in order to insure that policy is enforced and
supported at all levels.
2. In view of the fact that all support is usually withdrawn by landlord on the
introduction of the program, it is essential that beneficiaries are provided with
the said program.
3. Since the preventing political, economic, social and administrative systems
are usually weighed against the would-be beneficiaries, it is necessary that
the administrative organization and procedures as well as the judicial system
by which the newly conferred rights are to be enforced, are refashioned in
such a manner as to enable the attainment of the objective of the program;
and
4. Lastly, since existing administrators are often not adequately oriented or
sympathetic towards the reforms and such a program is often obstructed by
vested interests at all levels, it is desirable to involve the beneficiaries in the
implementation of the programs.

AGRARIAN REFORM AND BALANCED DEVELOPMENT

Industrialization needs from agrarian reform and a developed agriculture, the

following:
a. surplus agricultural crops as raw materials;
b. mass purchasing power of the peasant masses;
c. capital and skill released from underutilized land by agrarian reform

On the other hand, agrarian reform and agricultural development need from a
well-developed industry, the following:
a. market for surplus production
b. agricultural machinery, chemicals and research
c. employment for excess manpower; and
d. capital generated by industry.

Important condition for industrialization. – To industrialize, the following condition are

imperative:

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 a. we have a labor force that is more or less adequately fed on very
cheap staples.
b. we must develop an agricultural sector that is increasingly well-off in
terms of surplus income. Not all our products can be exported; and
c. there must be consumption within the country. This internal or
domestic demand cannot be created unless the farming sector is able
to afford the products of industry.

Agrarian Reform and Community Development

To ensure the continuity of the enthusiasm and spontaneous action generated

in local agrarian reform efforts, it is necessary:
a. To broaden the base of these institutions to include all interests in the
local community;
b. To provide new institutions initially with adequate external financial,
technical and political support; and;
c. To continuously expose these institutions to new knowledge and
scientific advances relevant to their needs.

COMPREHENSIVE AGRARIAN REFORM PROGRAM (CARP)

Otherwise known as Republic Act (RA) No. 6657 is the redistribution of

public and private agricultural lands to farmers and farmworkers who are landless,
irrespective of tenurial arrangement. CARP’s vision is to have an equitable land
ownership with empowered agrarian reform beneficiaries who can effectively manage
their economic and social development to have a better quality of life.
One of the major programs of CARP is Land Tenure Improvement, which seeks
to hasten distribution of lands to landless farmers. Similarly, the Department offers
Support Services to the beneficiaries such as infrastructure facilities, marketing
assistance program, credit assistance program, and technical support programs.
Furthermore, the department seeks to facilitate, resolve cases and deliver Agrarian
Justice.
The legal basis for CARP is the Republic Act No. 6657 otherwise known as
Comprehensive Agrarian Reform Law (CARL) signed by President Corazon C.
Aquino on June 10, 1988. It is an act which aims to promote social justice and
industrialization, providing the mechanism for its implementation, and for other
purposes.

Scope

Lands Covered

1. The Comprehensive Agrarian Reform Law of 1988 shall cover, regardless of

tenurial arrangement and commodity produced, ALL PUBLIC AND PRIVATE
AGRICULTURAL LANDS as provided in Proclamation No. 131 and Executive
Order No. 229, including other lands of the public domain suitable for agriculture:
Provided, That landholdings of landowners with a total area of five (5) hectares
and below shall not be covered for acquisition and distribution to qualified
beneficiaries.
a. Agricultural land refers to land devoted to agricultural activity and not
classified as mineral, forest, residential, commercial or industrial land.

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 b. Agricultural activity means the cultivation of the soil, planting of crops,
growing of fruit trees, raising of fish, including the harvesting of such farm
products, and other farm activities and practices performed by a farmer in
conjunction with such farming operations done by persons whether natural or
juridical.

2. Specifically, the following lands are covered by the Comprehensive Agrarian

Reform Program:
a. All alienable and disposable lands of the public domain devoted to or suitable
for agriculture. No reclassification of forest or mineral lands to agricultural
lands shall be undertaken after the approval of this Act until Congress, taking
into account ecological, developmental and equity considerations, shall have
determined by law, the specific limits of the public domain;
b. All lands of the public domain in excess of the specific limits as determined by
Congress in the preceding paragraph;
c. All other lands owned by the Government devoted to or suitable for
agriculture; and
d. All private lands devoted to or suitable for agriculture regardless of the
agricultural products raised or that can be raised thereon.

Exclusions from the Coverage of CARL

1. Under Section 10, excluded from the coverage of the CARL are lands actually,
directly and exclusively used for:
a. Parks;
b. Wildlife;
c. Forest reserves;
d. Reforestation;
e. Fish sanctuaries and breeding grounds;
f. Watersheds and mangroves.

2. Private lands actually, directly and exclusively used for prawn farms and
fishponds shall be exempt from the coverage of this Act: Provided, That said
prawn farms and fishponds have not been distributed and Certificate of
Land Ownership Award (CLOA) issued to agrarian reform beneficiaries
under the Comprehensive Agrarian Reform Program.
Retention Limit

1. Five hectares is the retention limit. No person may own or retain, directly or
indirectly, any public or private agricultural land, the size of which shall vary
according to factors governing a viable family-sized farm, such as commodity
produced, terrain, infrastructure, and soil fertility as determined by the
Presidential Agrarian Reform Council (PARC), but in no case shall the retention
limit exceed five (5) hectares.

2. Additional three hectares may be awarded to each child, subject to the

following qualifications:
a. That the child is at least fifteen (15) years of age; and
b. That the child is actually tilling the land or directly managing the farm.

Beneficiaries of the ACT

Beneficiaries, in their order of priority, are:

1. Agricultural lessees and share tenants;

2. Regular Farmworkers: a natural person who is employed on a permanent basis
by an agricultural enterprise or farm;

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 a. Farmer refers to a natural person whose primary livelihood is cultivation
of land or the production of agricultural crops, livestock and/or fisheries
either by himself/herself, or primarily with the assistance of his/her
immediate farm household, whether the land is owned by him/her, or by
another person under a leasehold or share tenancy agreement or
arrangement with the owner thereof.
b. Farmworker is a natural person who renders service for value as an
employee or laborer in an agricultural enterprise or farm regardless of
whether his compensation is paid on a daily, weekly, monthly or "pakyaw"
basis. It includes an individual whose work has ceased as a consequence
of, or in connection with, a pending agrarian dispute and who has not
obtained a substantially equivalent and regular farm employment.

3. Seasonal farmworkers: a natural person who is employed on a recurrent,

periodic or intermittent basis by an agricultural enterprise or farm, whether as a
permanent or an non-permanent laborer, such as "dumaan", "sacada", and the
like;

4. Other farmworkers: a farmworker who is not a regular nor a seasonal

farmworker;
5. Actual tillers or occupants of public lands;

6. Collective or cooperatives of the above beneficiaries; and

* Cooperatives shall refer to organizations composed primarily of small
agricultural producers, farmers, farmworkers, or other agrarian reform
beneficiaries who voluntarily organize themselves for the purpose of pooling
land, human, technological, financial or other economic resources, and
operated on the principle of one member, one vote. A juridical person may be
a member of a cooperative, with the same rights and duties as a natural
person.

7. Others directly working on the land.

Before any award is given to a farmer, the qualified children of the landowner
must receive their three hectare award.
Rural women refer to women who are engaged directly or indirectly in farming
and/or fishing as their source of livelihood, whether paid or unpaid, regular or
seasonal, or in food preparation, managing the household, caring for the children,
and other similar activities.

COMPREHENSIVE AGRARIAN REFORM PROGRAM EXTENSION WITH REFORMS

(CARPER) LAW

Otherwise known as the Republic Act (RA) No. 9700 is the amendatory law
that extends yet again the deadline of distributing agricultural lands to farmers for
five years. It also amends other provisions stated in CARP. CARPER was signed into
law on August 7, 2009, which extended the 1988 Comprehensive Agrarian Reform
Law (RA 6657) will itself expire in June 2014
 An Act strengthening the Comprehensive Agrarian Reform Program
(CARP), extending the acquisition and distribution of all agricultural lands,
instituting necessary reforms, amending for the purpose certain provisions
of Republic Act No. 6657, otherwise known as the Comprehensive Agrarian
Reform Law of 1988, as amended, and appropriating funds therefore

Award Ceilings for Beneficiaries

Beneficiaries shall be awarded an area not exceeding three (3) hectares,

which may cover a contiguous tract of land or several parcels of land cumulated up

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to the prescribed award limits. The determination of the size of the land for
distribution shall consider crop type, soil type, weather patterns and other pertinent
variables or factors which are deemed critical for the success of the beneficiaries.
For purposes of this Act, a landless beneficiary is one who owns less than
three (3) hectares of agricultural land.
In general, the land awarded to a farmer- beneficiary should be in the form of:
a. An individual title, covering one (1)contiguous tract or several parcels of land
cumulated up to a maximum of three (3) hectares.
b. The beneficiaries may opt for collective ownership, such as co-workers or
farmers cooperative or some other form of collective organization and for the
issuance of collective ownership titles: Provided, That the total area that may
be awarded shall not exceed the total number of co-owners or members of the
cooperative or collective organization multiplied by the award limit above
prescribed, except in meritorious cases as determined by the PARC. The
conditions for the issuance of collective titles are as follows:
1. The current farm management system of the land covered by CARP will
not be appropriate for individual farming of farm parcels;
2. The farm labor system is specialized, where the farmworkers are
organized by functions and not by specific parcels such as spraying,
weeding, packing and other similar functions;
3. The potential beneficiaries are currently not farming individual parcels hut
collectively work on large contiguous areas; and
4. The farm consists of multiple crops being farmed in an integrated manner
or includes non- crop production areas that are necessary for the viability
of farm operations, such as packing plants, storage areas, dikes, and other
similar facilities that cannot be subdivided or assigned to individual
farmers.

References

De Leon, Hector S. 2000 and 2005. Textbook on Agrarian Reform and Taxation. Rex
Bookstore

Department of Agrarian Reform. 2013. CARPER (Comprehensive Agrarian Reform

Program Extension with Reforms) RA 9700. Retrieved/: August 31, 2015. From:
[Link]
program-
extension

Fabella, Raul V. 2014. Comprehensive Agrarian Reform Program (CARP): Time to Let
Go. UP
School of Economics Retrieved: August 31, 2015. From:
[Link]/dp/[Link]/dp/ article/download/1455/924

Gabay, Bon Kristoffer G. et. al, 2007. Economics: Its Concepts & Principles (with
Agrarian
Reform and Taxation), Rex Book Store

J.A.B. Bulao and Associates. 2011. Legal Note 0093: Brief History of Land Reform
Laws.

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 Retrieved: August 31, 2015. From: [Link]
0094-brief history-of-land-reform-laws/

Manapat, Carlos L. et. al, 2010. Economics Taxation and Agrarian Reform, C & E Pub.,
Inc

Exercise No. 11
AGRARIAN REFORM

Name: ___________________________________ Date: _____________

Yr/Crs/Sec: _______________________________ Score: ____________

Identification. Read the statement carefully and identify the best word/s suited to
the statement. Write your answer on the space before each number.

_____________________1. Defined as an integral set of measures singed to eliminate

obstacles
to economic and social development arising out of defects
in the
agrarian structure.
____________________2. Responsible for land administration under CARP.
_____________________3. Refers to the improvement of the farmer’s relationship to the
land
that they cultivate.
____________________4. A type of landlord who acts like a father to the tenant.

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____________________5. The emancipation of the tiller from the bondage of the soil.
____________________6. The implementing agency of CARP.
_____________________7. Known as Comprehensive Agrarian Reform Extended Reform
Law.
____________________8. An Act created the Land Bank of the Philippines (LBP).
_____________________9. A manner of holding agricultural lands, is only one of several
forms
of land tenure rights of land.
____________________10. A concept that involves matters like credit, marketing, the
supplying of agricultural requisites, processing, storage,
etc. and
other technical assistance bearing on reforms of tenure and
production structures.
_____________________11. The democratization of income and wealth by equalizing
access to
land as the basic productive resource.
_____________________12. The full and fair equivalent of the loss sustained by the
landowner.
_____________________13. They are designed to insure the success of the farmer who
has
acquired anew tenure status as lessee, amortizing owner-
cultivator.
_____________________14. Refers to the actual management of holding or manner in
which
the land is cultivated or operated irrespective or ownership.
____________________15. The date of issuance of Executive Order No 229 (EO 229)
providing, as its title indicates, the mechanisms of CARP
implementation

Multiple Choice. Choose the best letter of your choice and write your answer on the
space before each number. Erasure is considered invalid.

____ 1. What republic act made CARP possible?

a. RA 6657 b. RA 3844 c. RA 9700 d. PD 27
____ 2. When was CARP created?
a. June 10,1988 b. October 21, 1972 c. August 8, 1963 d.
August 7, 2009
____ 3. Agrarian reform law of October 21, 1972 refers to:
a. PD 27 b. PD 957 c. EO 129-A d. EO 129
_____4. Who are qualified as ARBs?
a. Regular Farmworkers c. Agricultural lessees
b. Seasonal Farmworkers d. All of the above
_____5. What is the basis of CARP?
a. Comprehensive Agrarian Reform Law c. RA 3844
b. RA 9700 d. PD 27
_____ 6. Tenants may be awarded 5 hectares of unirrigated land and _____if irrigated
land.
a. 5 ha b. 6 ha c. 4 ha d. 3 ha
______ [Link] retention unit of landowner under CARP is:
a. 5 has. for the landowners and 3 has. Per child irrespective of age.
b. 5 has for the landowner and 3 has per child who must be at least 15 years
old
c. 5 has for landowner and 5 has per child whether or not they till or manage
the land.
d. 5 has for the landowner and 3 has per child who must be at least 15 years
old and actually tilling or managing the land.
_____ 8. The financing arm of Agrarian Reform program
a. DBP b. PNB c. LBP d.
Metrobank

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______9. When was RA 9700 created?
a. June 10,1988 b. October 21, 1972 c. August 8, 1963 d.
August 7, 2009
______10. RA 3844 is also known as:
a. Tenants Emancipation Decree c. CARP
b. Code of Agrarian Reform in the Philippines d. CARPER Law
______ 11. PD 27 is also known as:
a. Tenants Emancipation Decree c. CARP
b. Code of Agrarian Reform in the Philippines d. CARPER Law
______ 12. Comprehensive Agrarian Reform Law of 1988
a. RA 6900 b. RA7900 c. RA 8435 d. RA 6657
______ 13. The former president of the Philippines who signed PD 27
a. Corazon C. Aquino c. Ferdinand E. Marcos

b. Fidel V. Ramos d. Gloria M. Arroyo

______ 14. Which of the following is refers to a natural person who is employed on a
recurrent,
periodic or intermittent basis by an agricultural enterprise or farm?
a. Farmworker c. farmer
b. Seasonal farmworker d. collective
______ 15. The following are excluded from the coverage of the ACT, except
a. Parks b. Reforestations c. Tenanted land d. Fish
sanctuaries

Discussion
1. Discuss the difference between land reform and agrarian reform.

2. Cite at least two examples of support services and explain its effects on the
lives of its beneficiaries.

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