Professional Documents
Culture Documents
PROBLEMS OF AGRICULTURE Risky business Financing Production Processing Marketing Lack of government support Prices of agricultural products are not stable Limited land to cultivate
SOURCES OF SMALL SCALE AGRICULTURAL PROGRESS Technological change and innovation Appropriate government economic policies Supportive Social Institutions
CONDITONS FOR GENERAL RURAL ADVANCEMENT Modernizing farm structures to meet rising food demands LAND REFORM) Creating an effective supporting system Changing the rural environment to improve levels of living
Definition of terms
LAND REFORM : full range of measure that may or should be taken to improve or remedy the defects in the relationship among men with respect to their rights in the land It is concerned with rights in land, and their character, strength and distribution AGRARIAN REFORM : includes land reform and the reform and development of complementary institutional framework such as administrative agencies of the government It focuses on broader set of
issues: the class character of the relations of production and distribution in farming and related enterprises, and how these connect to the wider class structure
Land tenure structure ; one or more types of land tenure systems regulating the rights to ownership and control and usage of land and the duties accompanying such rights
Production structure : relates to the nature, type and modus operandi as well as the actual production or farm operation
Moral aspect Peace and internal stability Landowner is more than compensated Injustice in landlordism Innate tendency of man to own land
LEGAL ASPECT Two vantage points To conform with constitution Constitutional mandates Policy development
WAYS OF CHANGING THE AGRARIAN STRUCTURE Revolutionary situation Authoritarian regime Within politically democratic framework
Requirements for successful implementation Provisions of a line of command from the center to field levels Provisions of supporting services Enforcement of administrative organization and procedures and judicial system Involvement of beneficiaries in the implementation
Variations of agrarian reform programs Retention ceilings Recipients or beneficiaries Valuation Mode of payment Repayment of new owners Government support Obligations of the new owners
III. AMERICAN PERIOD Tenancy of peasants on friars continued Introduced capitalism LAWS : Philippine Organic Act 1902 : private individuals = 16 hectares ; corporations = 1,024 Land Registration Act of 1902: systematic registration of land through Torrens system Public Land Act of 1903 homestead system
IV. Philippine Independence : TydingsMcDuffie Law. Provision of a 10 year transition period when the commonwealth Government was to be organized Social Justice Program : anti-usury, tenancy regulation, issuance of license to homesteaders to farm on public lands
V. JAPANESE OCCUPATION Peasant took up arms HUKBALAHAP (March 29, 1942) End of war marked the end of HUKBALAHAP Huk Revolution (1946-1947) Huks were defeated through the assitance of the US
VI. AGRARIAN REFORM UNDER FILIPINO LEADERSHIP QUEZON (1935-1944) Rice Tenancy Law CROP SHARING Crop Sharing loans for tenants ROXAS AND QUIRINO (1946-1953) RA 34 : 70-30 crop sharing LASEDECO : Land Settlement Development Corportaion after WWII MAGSAYSAY (1953-1957) Agricultural Tenancy Act of 1954 (RA 1199) Land Reform Act of 1955 (RA 1400)
Regulate all forms of tenure relations Rights to Share tenants to leasehold Security of tenure to tenants Rice and corn lands
Reduce large landholdings and consolidate smaller, uneconomic holdings into plots of adequate sizes Resettle tenants in areas where land is abundant Provide adequate credit facilities for small landholders Reduce rental and interest rates Secure land titles for small landholders Reform property tax structure NARRA free distribution of lands of public domain to landless tenants
MACAPAGAL (19611965) Land Reform Code (RA 3844) farmers to own the land they till Retention limit 300 to 75 Abolished share tenancy and instituted leasehold system
MARCOS (`965-1986) PD 2 share tenancy as illegal and declared entire country as an agrarian reform are PD 27 Rice and corn lands Landholdings to 7 HA CLT and Emancipation Patents to new owners DAR created ( RA 6389)
AQUINO 1986-1992
Proclamation 131 : CARP as major program of the government EO 229 : mechanism for CARPs implementation EO 129-A strengthening DAR as lead agency for implementaion of CARPP EO 228 : full landownership to qualified benficiries; manner of payment and mode oc compensation to land owner RA 6657 : CARL : signed June 10, 1988 and took effect June 16, 1988
EO 405 : Land Bank of the Philippines as responsible for land valuation EO 406 : CARP as central to the governments effort to hasten countryside agroindustrial development and directed the implementing agencies for alignment of their programs. EO 497 : directives to all government instrumentalities
Agrarian Reform is the redistribution of lands to farmers and regular farm workers who are landless, irrespective of tenurial arrangements
VISION A nation where there is equitable land ownership with empowered agrarian reform beneficiaries who are effectively managing their economic and social development for a better quality of life
MISSION CARP seeks massive and rapid increase in agricultural productivity and improvement of access of the masses to resources, particularly land
NEED for CARP Revival and development of Philippine Agriculture sector Increase productivity Essential element Shift of capital from land to industry Imperatives of the president Cooperation, harmony and understanding Participation of all concerned Partner of the Philippines to the continuing program of the government Needs of times call for a change Forces of history
OBJECTIVES
Equity Capability Sustainability
POLICY
Welfare of landless farmers Encourage the formation of economic sized families Land has a social function and land ownership has social responsibility
Comprehensive Agrarian Reform Program: Redistribution of agricultural land; the education and organization of beneficiaries, and the delivery of support services-credit, infrastructure, technology, post harvest, and the like Centerpiece of Aquino Administration and signed by Pres. Aquino June 10, 1988 and took effect June 15, 1988
SCOPE : Ownership and the control of more or less 10.3 million ha. Of agricultural land, representing about one third of the total area of the Philippines, shall be transferred over a 10 year period to an estimated 3.9 million beneficiaries.
Lands covered by CARP: All public and private agricultural lands regardless of tenural arrangement and commodity produced
Private agricultural lands : those owned by private entities or by government agencies in a propriety capacity
LANDS OF MULTINATIONAL CORPORTAION Implementation is to be completed within 3 years Scope : In excess of 1000 Ha and 500 Ha in excess of foreigner Contracts covering areas not in excess of 1000 Ha in case of corporations, and 500 for individuals are allowed to continue until August 29,1992 Implementation not later than 10 years Distribution and formation of workers cooperative Production and income sharing Modern technology in production
COMMERCIAL FARMING Subject to compulsory acquisition New farms, the ten year period begins after 1st year commercial production Initiation steps to acquire land VOS, CA or direct payment scheme Production and income sharing Grounds for disqualification Mandatory requirement Optional retirement or resignation Dismissal for cause by final judgment Waiver or refusal to be beneficiary Violation of agrarian reform laws
EXEMPTIONS
LANDS ACTUALLY, DIRECTLY AND EXCLUSIVELY USED AND FOUND TO BE NECESSARY FOR : Forest reserves and reforestation Fish sanctuaries and breeding grounds Watersheds and mangroves School sites and campuses Church sites Communal or burial grounds Penal colonies and penal farms Government and private research and quarantine centers All lands with 18% slope and over except those already developed
National defense
ANCESTRAL LANDS Protection of rights of indigenous cultural to ensure their economic, social and cultural well being communities Suspension of the implementation Enactment of regional laws
SEC. 9. Ancestral Lands. - For purposes of this Act, ancestral lands of each indigenous cultural community shall include, but not be limited to, lands in the actual, continuous and open possession and occupation of the community and its members: Provided, That the Torrens System shall be respected. The right of these communities to their ancestral lands shall be protected to ensure their economic, social and cultural well-being. In line with the other principles of self-determination and autonomy, the systems of land ownership, land use, and the modes of settling land disputes of all these communities must be recognized and respected.
PHASE TWO All alienable and disposable public agricultural lands All arable public agricultural lands under agro-forest, pasture and agricultural leases All public agricultural lands which are opened for new development and resettlement All private agricultural lands in excess of 50 Ha 4years implementation PHASE THREE : all other private agricultural lands commencing with large landholdings and proceeding to medium and small landholdings Landholdings above 24 Ha up to 50 Ha ( 3years) Landholdings from the retention limit of up to 24 Ha (3 years)
LAND DISTRIBUTION
Donor by RA 6657: Landowner RETENTION LIMIT : LANDOWNER 5 Ha 3 Ha to each child : (1) that he is at least fifteen (15) years of age; and (2) that he is actually tilling the land or directly managing the farm: Provided, That landowners whose lands have been covered by Presidential Decree No. 27 shall be allowed to keep the area originally retained by them thereunder; Section 6, Chapter II
RETENTION LIMIT
RIGHT TO CHOOSE : compact and contiguous EXCEPTION : Tenants refusal leaseholder- not beneficiary Option has to be within 1 year period
The right to choose the area to be retained, which shall be compact or contiguous, shall pertain, to the landowner: Provided, however, That in case the area selected for retention by the landowner is tenanted, the tenant shall have the option to choose whether to remain therein or be a beneficiary in the same or another agricultural land with similar or comparable features. In case the tenant chooses to remain in the retained area, he shall be considered a leaseholder and shall lose his right to be a beneficiary under this Act. In case the tenant chooses to be a beneficiary in another agricultural land, he loses his right as a leaseholder to the land retained by the landowner. The tenant must exercise this option within a period of one (1) year from the time the landowner manifests his choice of the area for retention.
QUALIFICATION TO BE BENEFICIARY
ORDER OF PRIORITY IN LAND DISTRIBUTION Agricultural lesses and share tenants Regular farmworkers Other farm workers Actual tillers or occupants of public lands Collective or cooperatives of the above beneficiaries Others directly working on the land
Landless 15 years old or head of the family at the time the property was transferred in the name of the Republic of the Philippines Willingness, ability and aptitude to cultivate the land to make it productive
VOLUNTARY OFFER TO SELL (VOS) Landowners come forward to the govt to offer their lands to DAR
VOLUNTARY LAND TRANSFER Landowners offer their lands for sale directly to qualified beneficiaries
Identification of landowners and beneficiaries Land valuation and landowners compensation Transfer of Title from the landowner
Registration of landowners : to file sworn statement in the Assessor's office Co-owned, mortgaged and sequestered lands Valuation of property for compensation purposes exemptions
REGISTRATION OF BENEFICIARIES DAR, through BARC shall register all agricultural lessee. Tenants or farm workers Posting of registry list Purpose of registration
MARO makes report TO PARO To complete Valuation and For recommendation To DAR central Office
redistribution
Taking position
Determination of compensation
Landowners compensation
Cash and government bonds excess 50 ha : 25% cash 24-50ha : 30% cash Less than 24 ha : 35% cash
Government instruments : shares of stocks in government corporations, tax`credits, Land Bank bonds
Lands awarded is to be paid to the Land Bank of the Philippines in 30 annual amortization at 6 % per annum (VOS, CA, EO 407); and 20 annual amortization at 6% (OLT)
Payments made affordable 1st five annual payments may not exceed five percent of the value of the annual gross production as established by DAR n.b. LBP may reduced the interest rate after the fifth year should there be an increase of 10% of the annual gross production
Support services
BENEFICIARIES Land survey and titling Liberalized terms on credit facilities and production loans Extension services by wat of planning, cropping, production and post harvest technology transfer Infrastructure support Research, production and use if organic fertilizers Training and education assistance
LANDOWNERS Investment information, financial and counselling assistance Facilities programs and schemes for conversion and exchange of baonds Marketing of LBP bonds
SEC. 64. Financial Intermediary for the CARP. - The Land Bank of the Philippines shall be the financial intermediary for the CARP, and shall insure that the social justice objectives of the CARP shall enjoy a preference among its priorities.
Proofs of landownership
Emancipation patents for OLT lands Certificates of landownership Award (CLOA) for CA, VOS and EO 407 lands for resettlement areas Free patents for public lands
DAR
DENR
LBP
LRA
NIA
DPWH
DA
DTI