RA 3844 - Code of Agrarian Reform of the Philippines PD 27 Tenants Emancipation Decree EO 229 Comprehensive Agrarian Reform Program (CARP)

P) RA 6657 Comprehensive Agrarian Reform Law (CARL) of 1988

 involves the reality of a shortcoming that a bit is distorted or misshapen and does not go well with accessible circumstances  means to change  to look for change implies the existence of a defect, or that something is deformed or malfunctioning

 refers to all sets of activities and measures that may or should be taken to improve or correct the defects, or problems in the relations among men with respect to their rights to the land they till.  technically defined as an integrated set of measures designed to eliminate obstacles to economic and social development arising out of defects in the agrarian reform

Agrarian Reform in the Philippines

The Philippine Agrarian Problem: 1. Two important dimensions: land & the people; agricultural & social; productivity & human rights; 2. A basic problem of society 3. Basically a question of land distribution & utilization

The Agrarian Problem

3. Basically, a question of land distribution & utilization  The right to own property, universal but limited  Land is necessary for all human beings & everybody has the right to use land for his survival  The right to use is given to all individuals but the matter to be used is limited & the number of users unlimited

HistoricoHistorico-Political Survey of the Agrarian Problems

1. Pre-Spanish land situation a. Land patterns: 1. tribal hunters & gatherers 2. shifting cultivators 3. those with sedentary culture 4. Muslims b. Social classes

Spanish Period Land Situation

2. Land tenancy under Spain: a. Encomienda system b. Rise of the cacique class c. Early rebellions d. Conflicts over land tenureship e. Friar lands f. Philippine revolution

Land Tenure Situation Under the American Regime

a. Actual increase in tenancy rate b. Purchase of friar lands c. Homesteading d. Peasant rebellions & opposition e. Rice Share Tenancy Act ( Act No. 4050) f. Sugar Cane Tenancy contracts Act (Act No. 4113)

Commonwealth Period
a. Commonwealth Act No. 103 created the Court of Industrial Relations b. Commonwealth Act no. 213 regulated legitimate labor organizations c. Commonwealth Acts.178,461,& 608gave more protection to tenants. Orderly settlement of virgin agricultural lands begun by the National Land Settlement Administration

Effects of Japanese Occupation

The Japanese occupation of the Philippines from 1941 to 1945 had a tremendous impact on the agrarian issue From the ranks of the peasant & labor organizations & from the merger of the Communist Party of the Philippines & Socialist Party rose the Hukbong Magpapalaya sa Bayan ( HUKBALAHAP) Hukbo ng Bayan laban sa hapon

Post War Attempts at Agrarian Reform

a. Agricultural Tenancy Act of 1954 ( Ra No. 1199 b. Land Reform Act of 1955 (Ra No. 1400) c. Land resettlement as a solution d. The Agricultural Land Reform Code of 1963 ( RA No. 3844) e. Amendments to the Agricultural Land Reform Code ( R.A. 6389) f. Agrarian Reform Special Fund Act ( RA 6369)

Under Martial Law & 1973 Constitution

1. Presidential Decree No. 2- declaring the entire Philippines as land reform area 2. Presidential Decree No. 27 emancipating the tenant-farmers from the bondage of the soil

Under the 1987 Constitution

1. President Aquino signed Proclamation No. 131 instituting a Comprehensive Agrarian Reform Program (Carp) & EO No. 229 providing for the mechanisms 2. She issued EO No. 129-A reorganizing & strengthening the Department Agrarian Reform

Imperatives of Agrarian Reform

1. Land reform would increase production 2. It would provide for the capital needed to industrialize 3. Land reform is the answer to the communist challenge 4. It would correct the present imbalance in our society 5. It would make democracy truly meaningful to our people

Objections to Agrarian Reform

1. Fragmentation of farm-holdings 2. Small farms uneconomic 3. Small landholdings included 4. Agrarian reform failed in the past

Components of Agrarian Reform

1. Land distribution most effective way of providing security of tenure to tillers of the soil 2. Companion measures: Credit & modern & better methods of production Creation & development of new social institutions to assist the farmers

The Code of Agrarian Reforms (RA No. 3844 as amended)

Beneficiaries under the Code:  1. Tenanted farmers  2. Agricultural wage earners or farm workers  3. Settlers including migrant workers  4. Owner-cultivators of less than family sized farms

The Code of Agrarian Reform Code

Lands covered by the Code: 1. Tenanted areas 2. Landed estates 3. Old settlements 4. Proposed settlements

The Tenants Emancipation Decree (PD No. 27)

Under this decree there is no more leasehold in tenanted rice & corn lands , the tiller becomes automatically the amortizing owner of the land Beneficiaries are the bona fide tenant-farmers of private agricultural lands primarily devoted to rice & corn under the lease tenancy system Every family should own an economic familysized farm Retention limit- 7 hectares

Legitimate Prerequisite Pertinent to agrarian Reform

Endorsement of a human and self motivated order Improvement of a self-contained and selfgoverning national economy Backing of a wide-Ranging Rural Progress and Agrarian Reform Liberty of Expression and Right to Form Associations Expropriation of Private Property Non-impairment of Obligation of Contracts

Rights and Obligations of the Lessees and Lessors

 Lessees Rights  Custody and serene pleasure of the land
 Administration to toil on the land  Automation of his farm effort  Transactions with millers and processors and be present at distribution of quedans and storehouse total admission money for the manufacture payable him  Control home lot or carry on in the satisfaction of any house lot  Reimbursement for costs and everyday expenditure sustained and a of helpful expansions on the landholding

Lessees Obligations
 Outstanding concern of farm  Become aware of intrude  Care of leasing facilities  Correct awareness to farm Take in of harvest  Imbursement of rental

Lessors Right
 Check up  Propose transform  Confirmed farm performs  Mortgage the land  Other rights and take delivery of compensation of rental

Bill of Rights for Agricultural Labor

 1. Right to self-organization  2. Right to engage in concerted activities like strike, picketing, boycott  3. Right to minimum wage  4. Right to work for not more than 8 hours  5. Right to claim damages for death or injuries sustained while at work  6. Right to compensation for  personal injuries, death or illness  7. Right against suspension, dismissal or lay-off

Agrarian Structure
is defined as a complex set of relationship within agricultural sector Example: tenure, structure, production structure, and the structure of support services

Land Tenure Structure

 refers to one or more systems regulating the rights to a mans ownership, control, and usage of land  it is a system which defines a persons legal right and ownership over land, and the duties accompanying such right.

Production Structure
 refers to activities affecting ownership of the land, production structure includes activities relating to the nature, type, and mode of operations to make land productive

LT & PS Distinguished
 LT Structure
 Rights over land  Ownership holding  Refers to the right over land, whether in terms of full ownership or as circumscribed by law, irrespective of the manner in which the holding is operated or managed

 Production Structure
 Production and use of land  Operation holding  Refers to the actual management of holding or the manpower in which the land is cultivated or operated irrespective of ownership

Examples of AR Measures
 Public Health Program  Family Planning  Education and training of farmers  Reorganization of land reform agencies
 Application of labor law to agricultural workers  Construction of infrastructure facilities  Organization of various types of voluntary associations  Providing employment opportunities

Accompanying measures to AR
 Credit facilities (Land Bank)  Marketing support  Farm technology training  Cooperatives