Agrarian and the Philippine Constitution Flashcards

1
Q

It is the transfer of control and ownership of agricultural land
to the actual tillers

A

Agrarian reform Defined

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2
Q

this reform is the improvement of the farmer’s relationship to the land that they cultivate

A

Land Reform

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3
Q

This reform is concerned with the total development of farmers in economic, social, and political transformation

A

Agrarian Reform

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4
Q

During the Spanish colonial period who were the individuals that owned and controlled the lands?

A

Friars (Spanish)

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5
Q

Land owned by the Friars was sold to those families who could afford to buy big tracts of land which later on became ?

A

haciendas (American)

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6
Q

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.

A

Agricultural Land Reform Code (RA 3844) - Macapagal Administration

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7
Q

This was during the Marcos Administration where The Agricultural Land Reform Code become

A

Code of Agrarian Reform under RA.6389 in 1971

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8
Q

During this C. Aquino Administration he implement this reform

A

Comprehensive Agrarian Reform Program as stated in RA.6657

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9
Q
  • 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.
A

Comprehensive Agrarian Reform Program

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10
Q

When did C.Aquino signed the Republic Act No.6657, called Comprehensive Agrarian
Reform Law?

A

June 10, 1988

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11
Q

The distribution of all lands covered by this Act shall be
implemented immediately and completed within ___ years
from the effectivity.

A

10

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12
Q

Salient or noticeable featured of CARP

A

➢ Coverage
➢ Retention limits
➢ Schedule or priorities
➢ Beneficiaries
➢ Exclusion – exemption and deferment
➢ Administrative and financial requirements of the program

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13
Q

Retention limit

A

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.

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14
Q

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).

A

PHASE 1

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15
Q

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.

A

PHASE 2

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16
Q

➢ 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

A

PHASE 3

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17
Q

The program has different modes of land acquisition and
redistribution

A

➢ 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

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18
Q

FOR PRIVATE LANDS

A

➢ 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

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19
Q

Exemptions and Exclusions

A

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

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20
Q

No qualified beneficiary may own more than ____
hectares of agricultural land

A

3

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21
Q

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

A

Transferability of Awarded Lands

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22
Q

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

A

The Presidential Agrarian Reform Council

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23
Q

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

A

COMPREHENSIVE AGRARIAN REFORM PROGRAM
TODAY

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24
Q

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

A

1973 Constitution(Preamble)

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25
Q

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.

A

1987 Constitution(Preamble)

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26
Q

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.

A

1973 Constitution Sec 1(ARTICLE I: National Territory)

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27
Q

The national territory compromises the Philippine archipelago, with all the
islands and waters embraced therein, and all the other territories over which the
Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domain, including its territorial sea, the sea bed, the subsoil, the insular shelves and other submarine areas. 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.

A

1987 Constitution (ARTICLE I: National Territory)

28
Q

The separation of Church and State shall be inviolable.

A

Sec 6: (ARTICLE II: Declaration of Principles and
State Policies)

29
Q

The State shall pursue an independent foreign policy. In its relations with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right of self-
determination.

A

Sec 7: (ARTICLE II: Declaration of Principles and
State Policies)

30
Q

The State values the dignity of every human person and guarantees full respect for human rights.

A

Sec 11: (ARTICLE II: Declaration of Principles and
State Policies)

30
Q

The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.

A

Sec 8: (ARTICLE II: Declaration of Principles and
State Policies)

31
Q

The State shall protect and promote the right to health of the people and instill health consciousness among them.

A

Sec 15: (ARTICLE II: Declaration of Principles and
State Policies)

32
Q

The State shall protect and advance the right of
the people to a balanced and healthful ecology in accord
with the rhythm and harmony of nature.

A

Sec 16: (ARTICLE II: Declaration of Principles and
State Policies)

33
Q

The State shall develop self – reliant and
independent national economy effectively controlled by
Filipinos

A

Sec 19: (ARTICLE II: Declaration of Principles and
State Policies)

33
Q

The State shall give priority to education, science
and technology, arts, culture, and sports to foster
patriotism and nationalism, accelerate social progress,
and promote total human liberation and development.

A

Sec 17: (ARTICLE II: Declaration of Principles and
State Policies)

34
Q

The State recognizes the indispensable role
of the private sector, encourages private enterprise,
and provides incentives to needed investments.

A

Sec 20: (ARTICLE II: Declaration of Principles and
State Policies)

35
Q

The State recognizes and promote the rights
of indigenous cultural communities within the
framework of national unity and development.

A

Sec 22: (ARTICLE II: Declaration of Principles and
State Policies)

36
Q

The state shall encourage non –
governmental, community – based, or sectoral organizations that promote the welfare of the nation.

A

Sec 23: (ARTICLE II: Declaration of Principles and
State Policies)

37
Q

The state recognizes the vital role of communication and information in nation – building.

A

Sec 24: (ARTICLE II: Declaration of Principles and
State Policies)

38
Q

The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by the law.

A

Sec 26: (ARTICLE II: Declaration of Principles and
State Policies)

39
Q

The State shall maintain honesty and integrity in the public service and take positive and effective measure against graft and corruption.

A

Sec 27: (ARTICLE II: Declaration of Principles and
State Policies)

40
Q

Subject to reasonable conditions prescribed by the law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

A

Sec 28: (ARTICLE II: Declaration of Principles and
State Policies)

41
Q

The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not
contrary to law shall not be abridged.

A

Sec 8: (ARTICLE III: Bill of Rights)

42
Q

(1)Any person under investigation for the commission of an
offense shall have the right to be informed of his right to remain silent and to
have competent and independent counsel preferably of his own choice. If
the person cannot afford the services of counsel, he must be provided with
one. These rights cannot be waived except in writing and in the presence of
counsel.
(2) No torture, force, violence, threat, intimidation, or any other means
which vitiate the free will shall be used against him. Secret detention
places, solitary, incommunicado, or other similar forms of detention are
prohibited.
(3)Any confession or admission obtained in violation of this or Section
17 hereof shall be inadmissible in evidence against him.
(4)The law shall provide for penal and civil sanctions for violations of
this section as well as compensation to the other rehabilitation of
victims of torture or similar practices, and their families.

A

Sec 12: (ARTICLE III: Bill of Rights)

43
Q

No person shall be detained solely by reason of his political
beliefs and aspirations.

A

Sec 18: (ARTICLE III: Bill of Rights)

44
Q

No law granting a title of royalty or nobility shall
be enacted.

A

Sec 10: (ARTICLE III: Bill of Rights)

45
Q

In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved, and shall
enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation
against him, to have a speedy, impartial, and public trial,
to meet the witnesses face to face, and to have
compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf.
However, after the arraignment, trial may proceed
notwithstanding the absence of the accused provided
that he has been duly notified and his failure to appear is
unjustified.

A

Sec 12: (ARTICLE III: Bill of Rights)

46
Q

Those who elect Philippines citizenship pursuant to the provisions of the Constitution of nineteen hundred and thirty – five (1935)

A

1973 Constitution Sec 1 Par 3: (ARTICLE IV: Citizenship)

47
Q

Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon
reaching the age of majority

A

1987 Sec 1 Par 3: Constitution (ARTICLE IV: Citizenship)

48
Q

Suffrage may be
exercised by citizens of the
Philippines not otherwise
disqualified by law, who are at
least eighteen years of age, and
who shall have resided in the
Philippines for at east one year,
and in the place wherein they
propose to vote, for at least six
months immediately preceding
the election. No literacy,
property, or other substantive
requirement shall be imposed on the exercise of suffrage. The
Batasang Pambansa shall
provide a system for the purpose of securing the secrecy and sanctity of the vote

A

1973 Constitution Sec 1: (ARTICLE V: Suffrage)

49
Q

Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year, and in the place wherein they propose to vote, for at least six months immediately preceding
the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.

A

1987 Constitution Sec 1: (ARTICLE V: Suffrage)

50
Q
A

1987 Constitution Sec 2: (ARTICLE V: Suffrage)

51
Q
A
52
Q
A
53
Q
A
54
Q
A
55
Q
A
56
Q
A
57
Q
A
58
Q
A
59
Q
A
60
Q
A
61
Q
A
62
Q
A
63
Q
A