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Land Ref or m

Objectives

Introduction

Retention Limits

Multinational Corporations

Ancestral Lands

Commercial Farming

Definition Terms Land Reform before 1972

CARP

Agrarian Reform since 1972

Exemptions and Exclusions



Objectives

At the end of the lesson the student is

expected to be able to:- discuss the coverage, extent, historical

development, definition of terms of the

Comprehensive Agrarian Reform Law



Introduction

•Because of the clamor to redistribute lands

to landless farmers, agrarian reform has been a main issuefor sustainable development. Lands even in other nations

are not distributed properly. A genuine land reform such

as the CARP is badly needed...



Definition termsAgrarian reform means the redistribution of lands, regardless of crops to

farmers and regular farmworkers who are landless.

Agriculture, Agriculture Enterprise or Agricultural Activity means the

cultivation of soil, planting crops, growing of fruit trees, raising of

livestock, poultry or fish, including harvesting of such farm products.

Agricultural land refers to land suitable to agricultural activity and not

classified as mineral, forest, residential, commercial or industrial land.

Abandoned or Idle Land refers to any agricultural land not cultivated,

tilled or developed to produce any crop nor suitable to any specific

economic purposes.

Farmers means a natural person whose primary livelihood is cultivationof land or the production of agricultural crops, either by himself or with

assistance of his immediate household.

Farm worker is a natural person who renders service for value as an

employee in an agricultural enterprise.

Regular Farm Worker is a natural person who is employed on a

permanent basis by an agricultural enterprise.



Land Reform before 1972Philippine Land Reform started back to the early 1900’s wherein the

American Colonial Government purchased hectares of land belonging

to the Catholic Church to promote colonization and livelihood. The

colonial’s government’s interest in promoting the rapid growth of

exports and political dependency on the landlords prevented from

actively enforcing these land reforms.Republic Acts 1911 and 1400 in 1954 and 1955 established a formula for

crop sharing, promoting resettlement of public lands and provided

impoundment of land estates to provide farms for landless tenants.

In 1963 the Agricultural Land Reform Code (RA 3844) shifted from

confiscating and re-settlement to a two-stage conversion of sharecroppers into leaseholders and into owner-operators. Their

objective was to build cultivation by owner and family-size farms as

basis for Philippine Agriculture; provide dignified, more independent

living for small laborers; increase productivity and farm incomes; and

apply labor laws equally to industry and agriculture.



CARP

The Comprehensive Agrarian Reform Law of 1988 covers all public and

private agricultural lands provided in Proclamation No. 131 and

Executive Order No. 229 including other lands of public domain

suitable for agriculture.

The following lands are covered by the Comprehensive Agrarian Reform

Program:

1. All disposable lands of the public domain suitable for agriculture.

2. All lands of the public domain in excess of the specific limits asdetermined by Congress.

3. All other lands owned by the government suitable for agriculture

4. All private lands suitable for agriculture regardless of agricultural

product raised.



Agrarian Reform since 1972

During this time the government reaffirmed its commitment to agrarian

reform and declined that the country is a land reform area. A number of

decrees were then issued to increase progress to set forth in the 1963

Agrarian Reform Code. The first phase of this reform liberates the

tenants on rice and corn land; but as to the 1963 code, farms producingsugar and tree crops like coconuts were exempted and their status is

unclear under the 1972 Reforms.

Operation Land Transfer is being carried out under the overall direction of

the Department of Agrarian Reform, consisting of issues and

distribution of certificates of land transfer and transferring titles to

former tenants. This certificate is not a deed or a title to the land but it

only verifies that the tenant is the tiller of the land he claims to be

cultivating. Implementing the land transfer program came at a fairly

rapid pace during the first year but slowed significantly. Prominence of

the 1972 reforms on the transfer of ownership highlights the problem of

incomplete records of land tiller and land rights.



Retention Limits

According to the Act, no person may own or retain,

directly or indirectly, any public or private agricultural

land, size of which according to factors governing a

viable-sized farm like commodity produced, terrain,infrastructures and soil fertility as determined by the

President Agrarian Reform Council (PARC) created

hereunder, but no case of retention by the landowner

exceed (5) hectares.Three hectares may be given to each child of the

landowner only if he is at least 15 years of age and is

actually tilling or managing the farm.



Multinational Corporations

All lands of public domain leased, possessed by multi-national corporation and other lands owned by the

government or controlled corporation suitable to

existing and operational agri-business have a right to

repurchase the land from the government within a

period of two-years.



Ancestral Lands

• Indigenous communities shall continue to exist, their

rights shall be protected to ensure social andeconomic well being. All land disputes related to this

must be respected and recognized.



Commercial Farming

• Commercial farms which are private agricultural

lands devoted to poultry raising, aquaculture and thelike, fruit farms etc, shall be subject to immediate

acquisition and distribution ten years from the

effectivity of this act.



Exemptions and Exclusions

Those lands that are considered parks, wildlife, forest

reserves, reforestations, wildlife, fish sanctuaries,

breeding grounds, watersheds and mangroves,

school sites, cemeteries etc., and those which are

included in this act..

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