Agrarian and the Philippine Constitution Flashcards
It is the transfer of control and ownership of agricultural land
to the actual tillers
Agrarian reform Defined
this reform is the improvement of the farmer’s relationship to the land that they cultivate
Land Reform
This reform is concerned with the total development of farmers in economic, social, and political transformation
Agrarian Reform
During the Spanish colonial period who were the individuals that owned and controlled the lands?
Friars (Spanish)
Land owned by the Friars was sold to those families who could afford to buy big tracts of land which later on became ?
haciendas (American)
This was a major advancement of land reform in the Philippines and was enacted in 1963 under President Diosdado Macapagal. It abolished tenancy and established a leasehold system in which farmers paid fixed rentals to landlords, rather than a percentage of harvest. It also established the Land Bank of the Philippines to help with land reform, particularly the purchase of agricultural estates for division and resale to small landholders, and the purchase of land by the
agricultural lessee.
Agricultural Land Reform Code (RA 3844) - Macapagal Administration
This was during the Marcos Administration where The Agricultural Land Reform Code become
Code of Agrarian Reform under RA.6389 in 1971
During this C. Aquino Administration he implement this reform
Comprehensive Agrarian Reform Program as stated in RA.6657
- It is the redistribution of lands, regardless of crops or
fruits produced, to farmers and regular farm workers
who are landless, irrespective of tenurial arrangement,
to include to totality of factors and support services
designed to lift the economic status of the beneficiaries
and all other arrangements alternative to the physical
redistribution of lands, such as production or profitsharing, labor administration, and the distribution of
shares of stock which will allow beneficiaries to receive
a just share of the fruits of the lands they work.
RA>6657 – Comprehensive Agrarian law serves as the
basis of CARP - is responsible
for the implementation of the Comprehensive Agrarian
Reform Program (CARP). - All public and private agricultural lands as provided in
proclamation No.131 (Instituting a Comprehensive
Agrarian Reform Program) and executive order No.229
(Implementation of CARP), including other lands of the
public domain suitable for agriculture.
Comprehensive Agrarian Reform Program
When did C.Aquino signed the Republic Act No.6657, called Comprehensive Agrarian
Reform Law?
June 10, 1988
The distribution of all lands covered by this Act shall be
implemented immediately and completed within ___ years
from the effectivity.
10
Salient or noticeable featured of CARP
➢ Coverage
➢ Retention limits
➢ Schedule or priorities
➢ Beneficiaries
➢ Exclusion – exemption and deferment
➢ Administrative and financial requirements of the program
Retention limit
Set a five hectares plus three hectares for each qualified
child of the landlord
➢ Qualified child – means that he/she must be at least 15
years old as of June 15, 1988 and directly involved in
tilling or “managing” the farm in question
➢ The right to choose the area to be retained, which shall
be compact or contiguous, shall pertain, to the
landowner: Provided, however, that is 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.
Covers around 1.45 million hectares was to be devoted to the completion of the Marcos land reform, the reform of idle and abandoned lands, and lands voluntarily offered for sale to the owners, and the reform of states foreclosed by the government financial institutions and those acquired by the Presidential Commission on Good Government(PCGG).
PHASE 1
Covers about 7.4 million hectares was to be devoted to
reforming all public agricultural lands to be opened for new development and resettlement, as well as private land 50 hectares and above.
PHASE 2
➢ Divided into two –sub-phases and a combines
coverage of 1.35 million hectares
➢ Phase 3-A was supposed to cover private agricultural
lands of 24 to 50 hectares
➢ Phase 3-B is supposed to cover private farmlands of
areas above the retention limit up to 24 hectares
PHASE 3
The program has different modes of land acquisition and
redistribution
➢ For public lands, which comprise more than half of the
target land reform, distribution is done through either
Free Patents for Alienable and Disposable (A & D)
lands, Certificates of Land Ownership Awards
(CLOAs)
➢ For resettlement sites, or stewardship contracts for
public lands covered by the integrated Social Forestry
program (ISFP
FOR PRIVATE LANDS
➢ Compulsory acquisition (CA) is the main mode to be
used in expropriating land whose owners did not
voluntary offer them for land reform
➢ CARP was originally conceived to need around p221
billion which covers both the land acquisition cost and
the package of support infrastructure, both physical
and social
➢ CARP defers land redistribution of commercial farms,
defined as private lands over five hectares devoted to
livestock, poultry, aquaculture including salt beds.
Fishponds are prawn farms, fruit farms, orchards,
vegetable and cut-flower farms, and cacao, coffee and
rubber plantations. These will be subject to
expropriation only after 10 years from June 15, 1988
Exemptions and Exclusions
Lands actually, directly and exclusively used for parks,
wildlife, forest reserves, reforestation, fish sanctuaries and
breeding grounds, watersheds and mangroves shall be
exempt from coverage of this Act
No qualified beneficiary may own more than ____
hectares of agricultural land
3
Lands acquired by beneficiaries under this act may
not be sold, transferred or conveyed except
through hereditary succession, or to the
government, or to the LBP, or to other qualifies
beneficiaries for a period of ten (10) years:
provided, however, that the children or the spouse
of the transfer shall have a right to repurchase the
land from the government or LBP within a period
of two (2) years. Due notice of the availability of
the land shall be given by LBP to the Barangay
Agrarian Reform Committee (BARC) of the
barangay where the land is situated. The
provincial Agrarian Coordinating Committee
(PARCCOM), as herein provided, shall, in turn, be
given due notice thereof by the BARC
Transferability of Awarded Lands
shall be composed of the President of the Philippines as Chairman, the Secretary of Agrarian Reform as Vice-Chairman and the following as members: Secretaries of the Departments of Agriculture; Environment and Natural Resources; Budget and Management; Local Government; Public
Works and Highways; Trade and industry; Finance; Labor
and Employment; Director-General of the National
Economic and Development Authority; President, Land
Bank of the Philippines; Administrator, National Irrigation
Administration; and three (3) representative of affected
landowners to represent Luzon, Visayas and Mindanao:
Provided, that one of them shall be from the cultural
communities
The Presidential Agrarian Reform Council
COMPREHENSIVE AGRARIAN REFORM PROGRAM
TODAY
➢ Lands are still need to be distributed and at present, the
government is still implementing its program by the
implementation on CARPER
➢ According to CARPER or Comprehensive Agrarian Reform
Program with Extension Reform (RA 9700), the welfare of
the landless farmers and farmworkers will receive the
highest consideration to promote social justice and to move
the nation toward sound rural development and
industrialization, and the establishment of owner cultivator
ship of economic-size farms as the basis of Philippine
agriculture
COMPREHENSIVE AGRARIAN REFORM PROGRAM
TODAY
We, the sovereign Filipino people, implore the aid of Divine Providence, to establish a government that
shall embody our ideals, promote the general welfare, conserve and develop the patrimony of our Nation, and
secure to ourselves and our posterity the blessings of democracy under a regime of justice, peace, liberty, and
equality, do ordain and promulgate this constitution
1973 Constitution(Preamble)
We, the sovereign Filipino people, “imploring the aid of Almighty God, to build a just and humane society” and establish a Government
that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and security to ourselves and
our posterity the “blessings of
independence” and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and
peace, do ordain and promulgate this
Constitution.
1987 Constitution(Preamble)
The national territory
compromises the Philippine archipelago, with all the islands and waters embraced therein, and all the other territories belonging to the Philippines by historic or legal title, including territorial sea, the air space, the subsoil, the sea-bed, the insular shelves, and the submarines
areas over which the Philippines has sovereignty or jurisdiction. The waters around, between, and connecting the
islands of the archipelago, irrespective of their breadth and dimensions, form part
of the internal waters of the Philippines.
1973 Constitution Sec 1(ARTICLE I: National Territory)