Lecture in

AGRARIAN LAW

By Labor Arbiter Leilanie Braza-Oro

Introduction

As indicated in our Syllabus, the study of Agrarian Law is incorporated in the law
course in order to familiarize students with the salient features of the past and
present agrarian laws in the country.

Jurisprudence involving agrarian law will also be discussed in order to

have an actual or in-depth knowledge of the said laws.

Finally, important emphasis will be placed for the study of the current
agrarian reform law in the country, particularly Republic Act No. 6675, otherwise known
as the “The Comprehensive Agrarian Reform Law, as amended.

Relevant constitutional provisions in the study of Agrarian laws are as follows:

1. Art. II, Sec. 21 – The State shall promote comprehensive rural development and
agrarian reform.

2. Art. XIII, Sec. 4. - The State shall, by law, undertake an agrarian reform program
founded on the right of farmers and regular farmworkers, who are landless, to win
collectively or collectively the lands they till or, in the case of other farmworkers, to
receive a just share of the fruits thereof . . .

Salient terms to remember are as follows:

Agriculture -  includes farming in all branches and, among other things, includes the
cultivation and tillage of soil, dairying, the production, cultivation, growing and
harvesting
of any agricultural and horticultural commodities, the raising of livestock or poultry, and
any practices performed by a farmer on a farm as an incident to or in conjunction with
such farming operations, but does not include the manufacturing or processing of sugar,
coconuts, abaca, tobacco, pineapple or other farm products. [Art.97 (d), Chapter I,
Title II, Labor Code of the Philippines]
 
Agriculture, Agricultural Enterprise or Agricultural Activity -  means the cultivation of the
soil, planting of crops, growing of fruit trees, including the harvesting of such farm
products, and other farm activities and practices performed by a farmer in conjunction
with such farming operations done by persons whether natural or juridical. [Sec. 3b,
Chapter I, Comprehensive Agrarian Reform Law of 1988(R.A. No. 6657 as amended by
R. A. 7881)]

We now go into discussion of the distinctions between Land Reform and Agrarian
Reform.

We make reference of the definitions laid down in Comprehensive Agrarian Reform

Law of 1988(R.A. No. 6657 as amended by R. A. 7881)]

Land Reform refers to the full range of measure that may or should be taken
to improve or remedy the defects in the relations among men with respects to

1
their right in lands. It has also been defined as an integrated set of measure designed
to eliminate obstacles to economics and social development arising out of defects in the
agrarian structure. It involves the transformation of agrarian structure or what are
sometimes called “structural reforms” 1, while agrarian reform comprises not only land
reform but also the development of complimentary institutional framework such as the
administrative agencies of the national government, created to undertake land reform,
local government, rural educational and social welfare institutions and voluntary
associations, particularly farmer’s to the land. It encompasses all programs designed to
bring about improvement in all institutions surrounding farm life as well as companion
measures necessary to make the work of tenants, farm worker and owner-cultivator
successful. It means remedying not only the defects in the distribution and use of land
but also and especially the accompanying human relations regarding land, economic,
social, and political relations. It is concerned not only with the farmer and the land he
tills but also with the community he lives2.

Now, it is important for us to take a glimpse of the history of Agrarian Reform in

the Philippines.

We uncover first the roots of land ownership during the Pre-Colonial times, i.e.,
the period before 16th century.

The Philippines, even before being colonized by different countries, already have
developed an organization for their communities. The land owned by these communities
is known as barangay which consists of 30-100 families which is administered by
different chiefs.

In these barangays, everyone regardless of status had access on the land and
mutually shares resources to the rest of the community. They believed in and practiced
the concept of “stewardship” where relationship between man and nature is important.

Land cultivation was done commonly by kaingin system or the slash and burn
method wherein land was cleared by burning the bushes before planting the crops or
either land was plowed and harrowed before planting. On the other hand, food
production was intended for family consumption only at first but later on neighboring
communities where engaged in a barter trade, exchanging their goods with others.
Some even traded their agricultural products with luxury items of some foreign traders
like the Chinese, Arabs and Europeans.

The only recorded transaction of land sale during that time was the Maragtas
Code. This is the selling of the Panay Island to the ten Bornean datus in exchange for a
golden salakot and a long gold necklace. Although the Code of Luwaran was one of the
oldest written laws of the Muslim society which contains provision on the lease of
cultivated lands, there was no record how the lease arrangement was practiced.

Spanish Era (1521-1896)

When the Spanish came to the country in 1521, they introduced “pueblo” an
agriculture system wherein the native rural communities were organized into pueblo and
each Christianized native family is given four to five hectares of land to cultivate, thus
there is no landless class.

Nonetheless, these native families are merely landholders and not legitimate
landowners. By law, the land assigned to them was the property of the Spanish King
where they pay their colonial tributes to the Spanish authorities in the form of
agricultural products that they produce.

1
Hector S. De Leon, Agrarian Reform and Taxation, 1988 Edition, p. 3
2
Ibid, p. 6-7

2
 At the beginning of the 19th century, the Philippines as a colony of Spain
implemented policies that would mainstream the country into the world of capitalism.
The economy was opened to the world market as exporter of raw materials and
importer of finished goods. The agricultural exports were mandated and hacienda
system was developed as a new form of ownership. More people lost their lands and
were forced to become tillers.

Agricultural tenancy during that time originated when the Spanish crown
implemented the Laws of the Indies. The law awards vast tracts of land to the religious
orders in the country. Some of them are awarded to the Spanish military as reward for
their service (also known as repartiamentos), and to the other Spaniards known as
encomienderos to manage and have the right to receive tributes from the natives tilling
the land also known as encomiendas. Because of this, the natives within these areas
became mere tillers working for a share of crops. They did not even have any rights to
the land.

Ideally, the purpose of the encomienda system is for the encomienderos to

protect the natives and further introduce them into Catholic faith in exchange for tribute
from the natives. But abusive encomienderos collected more tributes that became the
land rentals from the natives living in the area.

A compras y vandalas system was practiced wherein tillers were made to

compulsory sell at a very low price or surrender their agricultural harvests to Spanish
authorities where encomienderos can resell it for a profit. People of the encomiendas
were also required to render personal services on public and religious work and as a
household help to the encomienderos.

In 1865, there was a law made by the Spanish crown ordering landholders to
register their landholdings but only a few were aware of this decree so they were the
only ones who were able to register their lands. Ancestral lands were claimed and
registered in other people’s names (Spanish officials, inquilinos and caciques or local
chieftains). As a result, many peasant families were driven out from the lands they have
been cultivating for centuries or were forced to become tillers.

In 1893, the Ley Hipotecaria or the Mortgage Law was introduced that provides
the systematic registration of titles and deeds as well as ownership claims. This law was
mainly a law on registration of properties rather than a mortgage law.

In 1894, the last Spanish Land Law promulgated in the Philippines was The Maura
Law or Royal Decree of 1894. This law states that farmers and landholders were given
one year to register their agricultural lands to avoid declaration of it as a state property.

With the encomienda system still being used despite the different laws passed by
the Spanish crown more and more tillers were abused, exploited and deprived of their
rights. The revolution of peasants and farmers in 1896 articulated their aspirations for
agrarian reform and for a just society. Women also fought for freedom and played an
important role in the planning and implementing the activities of the revolutionary
movements.

The result of this revolution has made the government confiscate the large landed
estates, especially the friar lands and declared these lands as properties of the
government.(Malolos Constitution, 1896, Article XVII)

In 1570, the encomienda was introduced in the Philippines when Legaspi, in

compliance with the decree issued by King Philip II in 1558, distributed lands in Cebu
to loyal Spanish subjects. These menhad helped conquer the Philippines. The
encomienda was not actually a land grant but was a favor from the kind under which the
Spaniard receiving his favor was given the right to collect tributes or taxes from the

3
inhabitants of the area assigned to him. The man who received this favor was called an
encomendero.

The encomienda was, therefore, a public office.

The duties of the encomenderos are as follows:

(1) to give protection to the natives;
(2) to help the missionaries convert the natives to Christianity; and
(3) to promote education.

Unfortunately, many Spanish encomenderos committed abuses, such as:

collecting more taxes than authorized by law, and forcing the people work for them.
Encomenderos likewise seized the animals and crops of the natives without just
compensation.

Because of these abuses, peace and order, which the colonizers and the early
Spanish friars had established, was disturbed. Conflict ensued between the friars and
the encomenderos. The early friars observed that the encomenderos neglected their
duty of teaching the Christian faith to the Filipinos. They saw that the encomenderos
were only interested in enriching themselves instead. The friars tried to protect
the Filipinos from the greed and abuses of the encomenderos by preaching from the
pulpits against encomendero abuses, writing letters and memorials to the King of Spain
in which they reported the abuses of the encomenderos, refusing to absolve the
encomenderos from their sins.

Some of the natives started to become lazy because they thought that the
encomenderos were interested only in making themselves rich. Feeling that it was
useless to work too hard for a living if the fruits of their work would only go to the
payment of excessive tributes to the encomenderos. This attitude was encouraged by
the friars who told them that the abandonment of their labors would free from injustice.

Three kinds of encomiendas:

1. the Royal Encomiendas, belonging to the King

2. the Ecclesiastical Encomiendas, belonging to the Church; and
3. private encomiendas - belonging to private individuals
 
The size of an encomienda was determined by the number of people living in it,
and by the value of the land. The law limited the number of natives in an area  and
administered by an encomendero to not more than300, and the value of the land was
limited to not more than P2,000. At first an encomienda could be held for three
generations, about ninety years. This was later reduced to two generations. But
because of the complaints from encomenderos, the king decided to return the
encomienda tenure to three generations in 1635.

Now, let us proceed into discussion of the regalian doctrine.

THE REGALIAN DOCTRINE

Under the Regalian doctrine, all lands of whatever classification and other natural
resources not otherwise appearing to be clearly within private ownership are presumed
to belong to the State which is the source of any asserted right to ownership of land.
Accordingly, public lands not shown to have been reclassified or released as alienable
agricultural land or alienated to private person by the State remain part of the
inalienable public domain.

4
 This is provided under Section 2, Article XII of the Constitution, which reads:
“All lands of the public domain, waters, minerals, coal, petroleum, and other mineral
oils,
all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and
othernatural resources are owned by the State. With the exception of agricultural lands,
all other natural resources shall not be alienated.”

AMERICAN ERA (1898-1935)

Realizing that being landless was the main cause of social unrest and revolt at
that time, the Americans sought to put an end to the miserable conditions of the tenant
tillers and small farmers by passing several land policies to widen the base of small
landholdings and distribute land ownership among the greater number of Filipino
tenants and farmers.

In connection to this, the Philippine Bill of 1902 was passed which provided
regulations on the disposal of public lands wherein a private individual can own 16
hectares of land while the corporate land holdings can avail of 1, 024 hectares. This
also gave the rights to the Americans to own agricultural lands.

The Torrens system of land registration was also introduced during the American
colonial period. This was made to replace the registration system that was implemented
by the Spaniards. The reason why they made a different system of registration was that
some 400,000 native farmers were without titles at the start of the American era and this
situation was also aggravated by the absence of records of issued titles and accurate
land surveys.

The Land Registration Act of 1902 or Act No. 496 placed all private and public
lands under Torrens system. While the Cadastral Act or Act No. 2259 speeds up the
issuance of Torrens titles. This was done by surveying a municipality and presented the
result to the land registration court.

A program called the Homestead Program was introduced in 1903 that allowed
an enterprising tenant to acquire a farm of at least 16 hectares to cultivate. However,
the program was not implemented nationwide and was introduced only in some parts of
Mindanao and Northern Luzon, where there were available public alienable and
disposable lands.

There are also other agrarian laws that were introduced during the
American era like the First Public Land Act or Act No. 926 which provided rules and
regulations for selling and leasing portions of the public domain, completing defective
Spanish land titles, canceling, and confirming Spanish concessions. Another is the
Second Public Land Act of 1919 or Act 2874 which limits the use of agricultural lands to
Filipinos, Americans, and citizens of other countries. On the other hand, the Act No. 141
amended the Second Public Act of 1919 or Act No. 2874. The revision consists of a
temporary provision of equality on the rights of American and Filipino citizens and
corporations. It also compiled all pre-existing laws relative to public lands into a single
instrument.

There is also the Friar Land Act or Act No. 1120 which provides for administrative
and temporary leasing and selling of friar lands to its tillers. The first legislation
regulating the relationships of landlord and tenants and the first law to legalize a 50-50
crop sharing arrangement was also introduced in the American era and is known as the
Rice Share Tenancy Act of 1933 or Act No. 4054. There is also the Sugarcane Tenancy
Contracts Act of 1933 or Act No. 4113 which regulated the relationship of landlord and
tenants in the sugarcane fields and required tenancy contracts on land planted to

5
sugarcane.

However, despite the different land policies passed during that time, the farmers’
situation did not improve at all. In fact, it further worsened the land ownership situation,
where there was no limit on the size of landholdings one could possess. Landholdings
were once again concentrated in the hands of fewer individuals who can afford to buy,
register, and acquire fixed titles of their properties. Therefore, more lands were placed
under tenancy.

As a result, there were widespread peasant uprisings, headed by the armed

peasants’ groups known as Colorum and Sakdalista of Luzon and Northeastern
Mindanao respectively. These uprisings resulted to social disorder in 1920’s and 1930’s.
Hence, more militant peasants and workers’ organizations bonded together for a more
collective action against the abuses of landlords and unjust landownership situation.
This gave birth to the Communist Party of the Philippines.

COMMONWEALTH YEARS (1935-1942)

During these years the situation of land ownership and tenancy were
characterized by the contrasting economic and political lifestyle between tenant and the
landlord. Landlords became richer and powerful while the tenants were deprived of their
rights, became poorer and absentee landowners increased. They preferred to go after
new opportunities in the cities and left their farms idle to the management of “katiwalas”.
As a result, haciendas were poorly and unjustly managed.

A small plot of land cultivated by an average peasant farmer could not sustain a
decent living for his family. Tenants and farmers shouldered excessive fines, unfair
taxation and usury. Systems for credit and marketing of rice were lacking thus, farmers
received a very low selling price.

Consequently, peasant uprising became widespread all over the country.

As a response to these situations, the government under the stewardship of

President Quezon realized that land reform programs should be implemented
immediately. They saw the purchase of friar lands as a possible way to solve the
problem of inequitable land ownership. They also saw that the Homestead program
could be transformed into a massive resettlement program, if properly implemented.

JAPANESE ERA

During the Japanese occupation, peasants and workers organized the

HUKBALAHAP (Hukbong Bayan Laban sa mga Hapon) on March 29, 1942 as an anti-
Japanese group. They took over vast tracts of land and gave the land to the people.

For them, the war was a golden opportunity for people’s initiative to push pro-
poor programs. Landlords were overpowered by the peasants but unfortunately at the
end of the war, through the help of the military police and civilian guards, landlords were
able to retrieve their lands from the HUKBALAHAP.

Let us now discuss the initiatives in land reform under different administrations/
Presidents of our country.

EVOLUTION OF INITIATIVES ON LAND REFORM

 Manuel L. Quezon (1935-1944)

Some of the Agrarian Reform laws were passed during the administration of
Manuel L. Quezon:

6
 RA 4054 or the Rice Tenancy Law was the first law on crop sharing which
legalized the 50-50 share between landlord and tenant with corresponding support to
tenants protecting them against abuses of landlords. However, this law was hardly
implemented because most of the municipal councils were composed of powerful
hacienderos and big landlords. In fact, only one municipality passed a resolution for its
enforcement and majorities have petitioned its application to the Governor General.
The 1935 Constitution provided specific provisions on social justice and expropriation of
landed estates for distribution to tenants as a solution to the land ownership and
tenancy problems.

Commonwealth Act No. 461 specified that dismissal of a tenant should first have
the approval of Tenancy Division of the Department of Justice.
Commonwealth Act No. 608 was enacted to establish security of tenure between
landlord and tenant. It prohibited the common practice among landowners of ejecting
tenants without clear legal grounds.

President Quezon’s program on land reform includes making a laid down social
justice program that focused on the purchased of large haciendas which were divided
and sold to tenants. This administration was also responsible in establishing the
National Rice and Corn Corporation (NARICC) and assigning public defenders to assist
peasants in court battles for their rights to till the land.

During this period, the Court of Industrial Relations (CIR) was set up to exercise
jurisdiction over disagreements arising from agri-workers and landowner relationship. It
was also during this time that the Rice Tenancy Act (Act No. 4054) was amended.

The Homestead Program continued through the creation of the National Land
Settlement Administration (CA No. 441) and tenancy problems were covered through
CA Nos. 461 and 608.

But the implementation of land reform during Quezon’s administration was

hindered because of the budget allocation for the settlement program made it
impossible for the program to succeed. Also most landlords did not comply with the Rice
Share Tenancy Act. Widespread peasant uprising against abusive landlords also
continued. In addition, the outbreak of the World War II put a stopped to the
landownership and tenancy interventions during this period.

 Manuel Roxas (1946-1948)

The Republic Act No. 34 was passed during the administration of Manuel Roxas
and it enacted to establish a 70-30 sharing arrangement between tenant and landlord.
The 70% of the harvest will go to the person who shouldered the expenses for planting,
harvesting and for the work animals. With this, it reduced the interest of landowners’
loans to tenants at not more than 6%.

President Roxas also negotiated for the purchase of 8,000 hectares of lands in
Batangas owned by the Ayala-Zobel family. These were sold to landless farmers.
However, due to lack of support facilities, the farmers were forced to resell their lands to
the landowning class. This failure gave basis to doubt the real meaning of land reform
program.

 Elpidio R. Quirino (1948-1953)

During Pres. Elpidio Quirino’s administration, Executive Order No. 355, the Land
Settlement Development Corporation (LASEDECO) was established to accelerate and
expand the peasant resettlement program of the government. However, due to limited
post-war resources, the program was not successful.

7
 Ramon Magsaysay (1953-1957)

When President Magsaysay was elected as the president of the country he

realized the importance of pursuing a more honest-to-goodness land reform program.
So he convinced the elite controlled congress to pass several legislation to improve the
land reform situation in the county. Some of these are:

R.A. No. 1199 (1954): Agricultural Tenancy Act basically governed the
relationship between landholders and tenant-farmers. This law helped protect the tenure
rights of tenant tillers and enforced fair tenancy practices.

R.A. No. 1160 (1954): Free distribution of Resettlement and Rehabilitation and
Agricultural land and an Act establishing the National Resettlement and Rehabilitation
Administration (NARRA).

R.A. No. 1400 (1955): Land Reform Act or known as “Land to the Landless”
Program which sought improvement in land tenure and guaranteed the expropriation of
all tenanted landed estates.

R.A. No. 1266 (1955) Expropriation of Hacienda del Rosario, situated at

Valdefuente, Cabanatuan City

He implemented the Agricultural Tenancy Act by establishing the Court of

Agricultural Relations in 1955 to improve tenancy security, fix the land rentals on
tenanted farms and to resolve the many land disputes filed by the landowners and
peasant organizations. He also created the Agricultural Tenancy Commission to
administer problems arising from tenancy. Through this Commission 28,000 hectares
were issued to settlers.

Under President Magsaysay the Agricultural Credit and Cooperative Financing

Administration (ACCFA) was created. This is a government agency formed to provide
warehouse facilities and assist farmers market their products and established the
organization of the Farmers Cooperatives and Marketing Associations (FACOMAs).

With the passage of RA 1160 of 1954, President Magsaysay pursued the

resettlement program through the National Resettlement and Rehabilitation
Administration (NARRA). This law established the government’s resettlement program
and accelerated the free distribution of agricultural lands to landless tenants and
farmers. It particularly aimed to convince members of the HUKBALAHAP movement to
return to a peaceful life by giving them home lots and farmlands.

This administration also spearheaded the establishment of the Agricultural and

Industrial Bank to provide easier terms in applying for homestead and other farmland.

With all the programs and bills passed under his administration, out of the
targeted 300 haciendas for distribution, only 41 were distributed after its 7 years of
implementation. This was due to lack of funds and inadequate support services
provided for these programs.

As a result, landlords continued to be uncooperative and critical to the program

and landownership and tenancy problems continued. 

 Carlos P. Garcia (1957-1961)

8
 There was no legislation passed in Carlos Garcia’s term but he continued to
implement the land reform programs of President Magsaysay.

Diosdado Macapagal (1961-1965) 

It was during Diosdado Macapagal that the Agricultural Land Reform Code or RA
No. 3844 was enacted, more specifically on August 8, 1963. This was considered to be
the most comprehensive piece of agrarian reform legislation ever enacted in the country
that time. Because of this, President Diosdado Macapagal was considered as the
“Father of Agrarian Reform.”

RA No. 3844 prescribed a program converting the tenant farmers to lessees and
eventually into owner-cultivators. Moreover, it aimed to free tenants from the bondage of
tenancy and gave hope to poor Filipino farmers to own the land they are tilling. Finally, it
emphasized owner-cultivator relationship and farmer independence, equity, productivity
improvement and the public distribution of land.

However, the landed Congress did not provide effort to come up with a separate
bill to provide funding for its implementation. The act was piloted in the provinces of
Pangasinan, Bulacan, Nueva Ecija, Pampanga, Tarlac, Occidental Mindoro, Camarines
Sur and Misamis Oriental. It acquired a total of 18,247.06 hectares or 99.29% out of the
total scope of 18,377.05 hectares. The program benefited 7,466 farmer beneficiaries.
(BLAD-DAR Official Records)

 Ferdinand E. Marcos (1965-1986) 

When President Marcos assumed office, he immediately directed the massive

implementation of the leasehold phase of the land reform program by signing into law
the Code of Agrarian Reforms in the Philippines or RA No. 6389 and its companion bill
RA No. 6390. The Code of Agrarian Reforms or RA No. 6389 governed the
implementation of the agrarian reform in the Philippines. This law instituted the Code of
Agrarian Reforms and significantly amended several provisions of Agricultural Land
Reform Code or RA 3844 of President Macapagal. It created the Department of
Agrarian Reform, a separate administrative agency for agrarian reform, replacing the
Land Authority.

RA 6390 was enacted to accelerate the implementation of the of the agrarian

reform program in the fields of land acquisition and agricultural credit. Through the
Code, an AR Special Account in the General Fund was created that exclusively finance
the agrarian reform program.

The core of the Agrarian Reform Program of President Marcos was Presidential
Decree No. 2, proclaiming the entire country as a land reform area and Presidential
Decree No. 27, decreeing the emancipation of tenants from the bondage of soil,
transferring to them the ownership of the land they till and providing the needed
instruments and mechanisms. This law provided for tenanted lands devoted to rice and
corn to pass ownership to the tenants. It also lowered the ceilings for landholdings to 7
hectares. The law stipulated that share tenants who worked from a landholding of over
7 hectares could purchase the land they tilled, while share tenants on land less than 7
hectares would become leaseholders.

This agrarian reform program was designed to uplift the farmers from poverty
and ignorance and to make them useful, dignified, responsible and progressive partners
in nation-building. This AR program was a package of services extended to farmers in
the form of credit support, infrastructure, farm extension, legal assistance, electrification
and development of rural institutions.

9
 President Marcos’ Agrarian Reform Program is characterized by five major
components and these are Land Tenure Program, Institutional Development, Physical
Development, Agricultural Development, and Human Resources.

The Agrarian Reform Programs was also labeled as “revolutionary” by some

sectors because it was pursued under Martial Law and intended to make quick changes
without going through legislative or technical processes and another reason is that it
was the only law in the Philippines ever done in handwriting.

Nevertheless, the program also posed some limitations which includes limited
scope of the program since it was only directed for the tenanted, privately-owned rice
and corn lands; there was monopoly of businessmen in both coconut and sugar
industries; foreign and local firms were allowed to use large tracks of land for their
business; and because of the declaration of Martial Law several farmer leaders were
arrested without due process of law.

 Corazon C. Aquino (1986-1992)

The 1987 Philippine Constitution set the direction of agrarian reform in the
Aquino administration. The 1987 Constitution affirmed that “The State shall promote
comprehensive rural development and agrarian reform.’ (Article 2, Section 21)

When President Cory Aquino seated as the President of the country, several
legislations and issuances on Agrarian Reform were passed. Some of them are:

Proclamation 131 instituted the Comprehensive Agrarian Reform Program

(CARP) as a major program of the government. It provided for a special fund known as
the Agrarian Reform Fund (ARF) in the amount of 50 billion pesos to cover the
estimated cost of the program for the period 1987-1997.

EO 129- organized the Department of Agrarian Reform and expanded in power and
operations. It is known that the record and legacy of the Aquino Administration in
Agrarian Reform is the Executive Summary, Planning Service, and DAR.

EO 228 declared full ownership of the land to qualified farmer-beneficiaries covered by

PD 27. It also regulated the value of remaining rice and corn lands for coverage
provided for the manner of payment by the farmer-beneficiaries and the mode of
compensation to the landowners.

EO 229 provided the administrative processes for land registration or LISTASAKA

program, acquisition of private land and compensation procedures for landowners. It
specified the structure and functions of units that will coordinate and supervise the
implementation of the program.

RA 6657 or Comprehensive Agrarian Reform Law is an act instituting a comprehensive

agrarian reform program to promote social justice and Industrialization, providing the
mechanism for its implementation and for other purposes.

To strengthen CARP and fast track its implementation, President Aquino issued
the following Executive Orders (EO):

E.O. No. 405 gave the Land Bank of the Philippines the primary responsibility for the
land valuation function in order for DAR to concentrate its efforts on the identification of
landholdings and beneficiaries, the distribution of acquired lands, and the other sub-
components of the program.

10
E.O. No. 406 emphasized that CARP is central to the government’s efforts to hasten
countryside agro-industrial development and directed the implementing agencies to
align their respective programs and projects with CARP.

This created CARP implementing teams from the national to the municipal levels
and gave priority to 24 strategic operating provinces where the bulk of CARP workload
lies.

E.O. No. 407 directed all government financing institutions (GFIs) and government
owned and controlled corporations (GOCCs) to immediately transfer to DAR all their
landholdings suitable for agriculture.

E.O. No. 448 pursued the policy that government should lead the efforts in placing lands
for coverage under CARP. It directed the immediate turn-over of government
reservations, no longer needed, and that are suitable for agriculture.

Some of the accomplishments achieved during the Aquino administration with

regards to the implementation of the Agrarian Reform Programs are the grants and
budgetary support from official development assistance (ODA) circles poured in during
this administration. Various sectors likewise recognized agrarian reform as a worthwhile
social investment. In terms of the tenant-tiller status, it improved particularly those within
landowners’ retained areas or on landholdings subject for coverage.

It is also during this administration that the present adjudication system was
introduced. This gave DAR the original and exclusive jurisdiction over agrarian disputes
as quasi-judicial powers.

Also, the livelihood and agro-industrial projects promoted and the program of
support services were intensified to help farmer beneficiaries become productive and
transform them into entrepreneurs.

The administration received much support and active involvement in program

implementation from key stakeholders such as people’s organization, farmer’s
association, NGO’s and from prominent landowners themselves.

On the other hand, the administration also face challenges in the implementation
of CARP for example on land evaluation, one very specific case is the Garchitorena
land scam. There were also issues on the absence of a clear cut guideline that would
answer problems on land use conversion. Minimal efforts were exerted to discouraged
and/or prevent conversion of lands into other use.

Despite the Agrarian Reform Fund (ARF), the administration experienced a major
budgetary shortfall due to low remittances from the Asset Privatization Trust and the
Presidential Commission on Good Government.

The administration also experienced constant changes in DAR leadership. This

led to lack of continuity of priority, programs and projects

Allegation on lack of political wills leadership and genuine commitment to

implement the program. Critics say that the President could have implemented a
genuine agrarian reform program because of her revolutionary powers after People
Power I.

 Fidel V. Ramos (1992-1998) 

The Ramos administration is recognized for bringing back support of key

stakeholders of CARP by bridging certain policy gaps on land acquisition and
distribution, land evaluation, and case resolution. It is also credited for enhancing

11
internal operating systems and strengthening the capabilities of the DAR bureaucracy
and for tapping more resources to help implement the program.

During this time guidelines and procedures were formulated to facilitate

acquisition and distribution of lands:

DAR AO No. 2 (1992) consists of rules and procedures governing the distribution of
cancelled or expired pasture lease agreements and Timber License Agreements under
EO 407.

DAR AO No. 1 (1993) is the amendment to certain provisions of the Administrative

Order No. 9 Series of 1990, entitled “Revised Rules and Regulations Governing the
Acquisition of Agricultural Lands Subject of Voluntary Offer to Sell and Compulsory
Acquisition Pursuant to RA 6657.”

Joint DAR-LBP AO No. 3 (1994) is the policy guidelines and procedures governing the
acquisition and distribution of agricultural lands affected by the Mt. Pinatubo eruption.

DAR AO No. 1 (1995) consists of the rules and procedures governing the Acquisition
and Distribution of all Agricultural Lands Subject of Sequestration/Acquisition by the
PCGG and APT whose ownership in Under Court Litigation.

DAR AO No. 2 (1995) is the revised rules and procedures governing the Acquisition of
Private Agricultural Lands Subject of Voluntary Land Transfer or a Direct Payment
Scheme (VLT/DPS) Pursuant to RA 6657.

DAR AO No. 2 (1996) is the rules and regulations governing the Acquisition of
Agricultural Lands subject of Voluntary Offer to Sell and Compulsory Acquisition
Pursuant to RA 6657.

DAR AO No. 2 (1997) is the rules and regulations for the Acquisition of Private
Agricultural Lands Subject of Mortgage or Foreclosure of Mortgage.

DAR AO No. 8 (1997) is the revised guidelines on the Acquisition and Distribution of
Compensable Agricultural Lands under VLT/Direct Payment Scheme.

DAR MC No. 7 (1993) refers to the implementing guidelines on the Distribution and
Tilling of the Public Agricultural Lands turned over by the National Livelihood and
Support Fund to the DAR for distribution under the CARP pursuant to EO 407, Series of
1990 as amended by EO 448, Series of 1991 and as clarified under Memorandum
Order No. 107 of the President of the Philippines dated March 23, 1993.

Despite all of these, there are challenges that the administration faced during
implementation of the program. One of which is the failure in enforcing the installation of
some farmer beneficiaries on awarded lands. Critics also say that “non-physical
installation of FBs has been the norm rather than the exception.

Some sectors also complained on the slowness of this administration in the

acquisition and distribution of privately owned lands. Although this administration was
credited for having the biggest accomplishment in terms of LAD, critics say this is
because the land acquired and distributed were more on public lands and rice and corn
lands.

 Joseph Ejercito Estrada (1998-2001)

During this administration the Magkabalikat Para sa kaunlarang Agraryo

(MAGKASAKA) which was launched which is directed for the investors to bring in
capital, technology and management support while the farmers will contribute, at most,
the use of their land itself.

12
 The MAGKASAKA aims to encourage investors to bring investments into the
countryside and to enhance the income of the farmers through joint venture schemes
and contract growing schemes. The program also aims to enable the farmers to be
more efficient and be globally competitive.

This administration saw the urgency of land distribution, and believed that it can
be served if it is built on farmers’ capacities to pursue their own development. One of
the first things this administration did was to rework performance targets – by focusing
on the number of hectares of land distributed coupled with an accounting of farmer
beneficiaries and the specific croplands and farm systems covered. This approach
sought to integrate land distribution and support services. It was during this period that
DAR launched a series of land occupations by working with farmer claimants, the LGU
and government security forces.

To help speed up litigation, DAR also helped set up the agrarian justice fund for
farmer beneficiaries as well as DAR field workers who, due to the nature of the job, are
named as respondents in cases filed by recalcitrant landowners. Support services took
a much more entrepreneurial approach during this administration. Sustainable rural
development district program, were designed to help farmers attain a level of economic
viability.

It has forged alliances among countries implementing AR through the

International Conference on Agrarian Reform and Rural Development. The department
then began aggressively to assert its place in national development planning processes
to raise DAR’s profile both in national and international fora. With this, DAR was able to
secure a seat in the annual consultative group meeting between the Philippines’s
economic management team and the donor community. This period also launched the
DAR-DA-DENR convergence initiative.

But there were also some hindrances that the administration faced like the fiscal
constraints encountered that resulted to unpaid or delayed payment of landowners
covered under the compulsory acquisition and VOS schemes.

There were also issues on inter and intra ARBs conflicts due to arguments for
control over negotiations with prospective joint venture partners, some of which became
violent.

 Gloria Macapagal – Arroyo (2001 – 2010)

The GMA administration has adopted the BAYAN-ANIHAN concept as the

implementing framework for CARP. Bayan means people and Anihan means harvest
and Bayanihan means working together. Applied to CARP, Bayan Anihan means a
united people working together for the successful implementation of agrarian reform.

The Bayan-Anihan Framework has different implementing strategies namely:

Salin-Lupa: Accelerating land transfer and improving land tenure.

Katarungan: Prompt and fair settlement of agrarian disputes and delivery of agrarian
reform justice.

Bayanihan: Better delivery by the government of appropriate support services to ARBs

and the mobilization of the ARBs themselves in the transformation of the agrarian
reform communities into an agrarian reform zones and into progressive farming.

Kabayanihan or the Konsehong Bayan Para sa Anihan: Institutionalization not only of

the system of dialogue and consultation but also joint problem solving with AR
stakeholders, particularly people’s organizations, cooperatives and NGOs.

13
Kamalayan: Raising the awareness of DAR personnel, agrarian reform beneficiaries
and the general public on agrarian reform and its contribution to social justice and
development.

Under Arroyo’s administration introduced the Kapit Bisig sa Kahirapan Agrarian Reform
Zones (KARZONEs) as a program strategy of the DAR in CARP Implementation.
KARZONEs is a partnership and convergence strategy aimed at achieving asset reform,
poverty reduction, food sufficiency, farm productivity, good governance, social equity
and empowerment of agrarian reform beneficiaries (ARBs) both in ARCs and non-
ARCs.

Other specific programs under this administration to enhance CARP were also
implemented like the Gulayan Magsasakang Agraryo. This intends to add income and
food security to farmers and their communities. Educational opportunities were also
ushered in to farmer’s children and dependents through the Diosdado Macapagal
Scholar Program.

This administration is also credited in heightening agrarian case resolution by

introducing a quota system to compel adjudicators to work faster on agrarian cases and
train farmers into paralegals.

 Benigno Simeon “Noynoy” C. Aquino III (2010–up to present)

Under the governance of President Noynoy Aquino, the DAR which is the lead
agency for CARP implementation is bent on sustaining the gains of agrarian reform
through its three major components– Land Tenure Improvement (LTI), Program
Beneficiaries Development (PBD) and Agrarian Justice Delivery (AJD). The following
are the strategic directions of the Aquino Administration for the agrarian reform
program:

To substantially complete asset reform as mandated by R.A. No. 9700

(CARPER) by:

1. Completing the land acquisition and distribution (LAD) in the Comprehensive

Agrarian Reform Program Extension with Reforms (CARPER) or Republic Act 9700
balance through: Focus on large-sized private agricultural lands; Redeployment of
competent DAR personnel to the 20 high LAD provinces; Streamline LAD processes
and procedures; and Enhance the database of landholdings for ease in targeting and
monitoring the LAD;

2. Prioritizing the subdivision of collective Certificates of Land Ownership Awards

(CLOAs) involving LBP-compensable lands;

3. Fast tracking the documentation and settlement of landowner compensation

for already distributed lands;

4. Synergizing and rationalizing the efforts of the CARP implementing agencies

in all processes of LAD;

5. Partnering with the civil society organizations (CSOs) in the delivery of LTI
services, particularly the large-sized private agricultural lands (PAL);

6. Adopting a job-sharing scheme wherein under the ONE-DAR concept,

provinces will share responsibilities (low-LAD provinces with high LAD provinces) to
minimize the need to hire new personnel; and

14
 7. Increasing the utilization of the services of geodetic engineers to assist the
provincial and municipal offices in land acquisition considering the difficulty of hiring new
personnel and the demands of a post-2014 scenario.

Under President Aquino’s administration, the DAR’s Program Beneficiaries

Development (PBD) priorities are geared in:

1. Undertaking convergence initiatives with rural development agencies to

complement the resources and streamline the efforts of DAR, DA and DENR;

2. Inking public-private partnerships (PPPs) develop models of collaboration and

business models in AR areas with the participation of the CSOs, academe, research
and development institutions and LGUs;

3. Expanding official development assistance (ODA) portfolio in order to augment

incomes for PBD;

4. Integrating LTI and PBD on a province-to-province basis;

5. Shifting focus of low-LAD balance provinces to PBD; and

6. Unlocking credit facilities for the agrarian reform beneficiaries through capacity
development for credit providers and farmer-borrowers.

To speed up resolution of AR related cases, the Agrarian Justice Delivery

component is geared at:

1. Putting the legal framework in place to expedite the LAD process and
undertake PBD lawyering to ensure ARBs’ free and informed consent on agribusiness
agreements;

2. Developing common templates and legal outlines in order to rationalize the

DAR lawyers’ and paralegals’ appreciation and decision on cases;

3. Improving the capabilities of DAR lawyers and legal officers; and

4. Utilizing information, communication technology (ICT) to enhance legal work.

Together with the efforts to fight graft and corruption by the President, it is
imperative to have institutional reforms within DAR as acomplement to the
abovementioned DAR components as well as give credence, transparency and
accountability at all sectors of the DAR bureaucracy.

After discussing all the important innovations during the previous administrations, next
meeting, I will discuss the most important past and present agrarian laws in the country:

15
Quiz: Agrarian Law and Social Legislations
This quiz is prepared by Labor Arbiter Oro.
1. Answer the following briefly and concisely.
2. All answers will be exported in an excel file and will be checked if copy paste.
3. Start time and End time are recorded. You have 2 hours to complete the quiz.

16