Land Reform

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

Problems Regarding the Ownership and Use of Land

In the Philippines

Encomienda System

Rise of Cacique Class

Awarding of Friar Lands

Tenancy System

Land Tenure Structure

• One or more systems regulating the rights to a man’s ownership, control, and usage of land

• A system which defines a person’s legal right and ownership over land; and the duties accompanying such right

Different Ways for EffectiveLand Tenure Reform Measures

Redistribution of Private Lands through Expropriation or Purchase

Distribution of Lands in the Public Domain

Regulation of TenancyRegulation of Agricultural Labor

Contracts and WagesControl and/or Elimination of

Absentee Landlordism

Redistribution of Private Lands

• Government decides to take private lands while compensating the original owner then redistributes the land to farmers

Distribution of Lands in the Public Domain

• Public lands which are poorly utilized are redistributed to farmers and are made productive

Regulation of Tenancy

• These are actions to protect tenants and regulate relationship between landowners and tenant farmers

Regulation of Agricultural LaborContracts and Wages

• In this move, farmers are elevated to farm workers and laborers who are now given labor rights

Control/Elimination of Absentee Landlordism

• Absentee landlordism renders agriculture inefficient.

• In extreme instances, land ownership is transferred to the actual tillers

Tenant Emancipation Decree ( PD27 )

• A law emancipating the tenant-farmers from the bondage of the soil

• This made tenant-farmers in all private agricultural lands primarily devoted to rice and corn

• Signed by Pres. Ferdinand E. Marcos on October 21, 1972

Production Structure

• Activities relating to nature, type, and mode of operations to make land productive

• The actual process of production or farm operation

Activities to Make Land Productive

Imposition of a Floor on Holdings

Imposition of Ceiling On Holdings

Organization of Crop Rotation System

LAND TENURE vs

PRODUCTION STRUCTURE

LAND TENURE PRODUCTION

STRUCTURERights over Land

Ownership HoldingRefers to Right over Land

Production and Use of

LandOperation HoldingRefers to Actual

Management of Holding

Structure of Support Services

These are designed to ensure the success of the farmer who has acquired a new tenure

Components:

Credit Marketing

Processing and Storage

Supply of Agricultural Requisites

Agrarian Structure

• A complex set of relationships within the agricultural sector

Examples:

Tenure Structure

Production Structure

Structure of Support Services

Reforms in the Agrarian Structure

These seek to remedy not only the defect in the distribution and use of land but also especially the accompanying economic, social, and political relations

Agrarian Reform MeasuresPublic Health ProgramsFamily PlanningEducation and training of FarmersReorganization of Land Reform AgenciesApplication of Labor LawConstruction of Infrastructure FacilitiesVoluntary Associations Employment Opportunities

Accompanying Measuresto Agrarian Reform

Credit Facilities

Marketing Support

Farm Technology Training

Cooperatives

Agriculture and National Economy

• Agriculture forms the predominant industry in the Philippines

• Large portion of population is employed in agriculture

• Exports of agricultural products and derivatives is valuable in foreign exchange

Obstacles to Agricultural Productivity

Agricultural productivity occurs not by chance, it has to be worked out

Reforms are needed to remove barriers thus increasing productivity

Agrarian Reform

• An instrument for increasing agricultural productivity

• A multifaceted program

Assumptions aboutFilipino Tenant Farmers

• Tenancy problems has its root in

Pre-spanish and Spanish past.

• Tenancy system has created tenants who are strongly traditional and highly dependent on landlord.

• There are three kinds of landlord.

* Benevolent, Malevolent, Combination

Socio-Cultural Changes from Agrarian Reform

1. A change from subsistent outlook to surplus production.

2. A sound social order in farming villages was enhanced significantly.

3. Farmer’s initiative and active participation in leadership roles were promoted.

4. Increased net family income translates to increased educational opportunities

The Comprehensive Agrarian Reform Program

R.A. 6657

Coverage regardless of the arrangement of tenure and commodity produced

• all public and private agriculture lands • including other lands of the public domain suitable for

agriculture • All alienable and disposable lands of the public domain

devoted to or suitable for agriculture. • All land of the public domain in excess of the specific

limits as determined by Congress in the preceding paragraph

• All other lands owned by the government devoted to or suitable for agriculture

• All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon.

Retention of Limits

• “in no case shall retention by the land owner exceed 5 hectares. 3 hectares may be awarded to the child of the land owner, subject to the following qualifications : That he is at least 15 years of age. That he is actually tilling the land or directly managing the farm.”

Ancestral Land

• Ancestral lands shall be protected to insure their economic, social, and cultural well being.

Commercial farming

• “are private agricultural lands devoted to commercial livestock, poultry and swine raising, and aquaculture including saltbeds , fishponds and prawn ponds, fruit farms, orchards, vegetable and cut-flower farms, and cacao, coffee and rubber plantations shall be subject to immediate compulsory acquisition and distribution after ten (10) years from the effectivity of this Act.”

Compensation (Determination of Just Compensation)

• compensation shall be paid in one of the following modes; Cash payment-

Lands above 50 hectares – 25% cash, the balance to be paid in government financial instruments Lands above 24 hectares - 30% cash, the balance to be paid in government financial instruments

Shares of stock in government-owned or controlled corporations

LBP preferred shares, physical assets or other qualified investments

Land Bank of the Philippines (LBP) bonds

Land Redistribution

Qualified Beneficiaries

• landless residents of the same barangay, or in the absence thereof, landless residents of the same municipality on the following order of priority

• Agricultural lessees and share tenants • Regular farm workers • Seasonal farm workers • Actual tillers or occupants of public land

Distribution of Limits

• No qualified beneficiaries may own more than 3 hectares of agricultural land

Republic Act No. 9700 - August 7, 2009

•AN ACT STRENGTHENING THE COMPREHENSIVE AGRARIAN REFORM PROGRAM (CARP), EXTENDING THE ACQUISITION AND DISTRIBUTION OF ALL AGRICULTURAL LANDS, INSTITUTING NECESSARY REFORMS, AMENDING FOR THE PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 6657, OTHERWISE KNOWN AS THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1988, AS AMENDED, AND APPROPRIATING FUNDS THEREFOR

Amendments made by RA 9700

• "SEC. 4.Scope. -The Comprehensive Agrarian Reform Law of 1988 shall cover, regardless of tenurial arrangement and commodity produced, all public and private agricultural lands as provided in Proclamation No. 131 and Executive Order No. 229, including other lands of the public domain suitable for agriculture: Provided, That landholdings of landowners with a total area of five (5) hectares and below shall not be covered for acquisition and distribution to qualified beneficiaries