Agrarian Reform

Leunamme Gayle M.
Jaula
AGRARIAN REFORM
What is Agrarian Reform?
- It is a set of laws or a series of laws passed under different administrations to cater the
economic inequalities prevailing in the Philippines
Let the focus of the discussion be on the Comprehensive Agrarian Reform Program (CARP) or
RA No. 6657
What is Comprehensive Agrarian Reform Program?
- It is an agrarian reform and social legislation law passed under the administration of Cory
Aquino meant to reacquire and redistribute agricultural lands
Why “reacquire and redistribute”?
(Let us first discuss the ownership of lands prior CARP)
During the Spanish occupation, the State follows the Regalian Doctrine which adheres
to the ownership of the King of Spain of all the lands in the Philippines (as the Philippines was
previously considered as an annex or an extension of Spain entitling the King to ownership of all
its resources).
After the Spanish colonization, laws were submitted allowing Filipino citizens to own or
acquire these lands on a “first come, first served” basis under the Land Registration Act. Anyone
who could prove to the government that he has been in occupation of the lands he intends to
register and that his occupation has not been contradicted by another may be granted Torrens
Title (these are now what we considered as Original Certificate of Title as this was the first
manner of acquiring land ownership. All other titles currently existing are Transfer Certificate
Title or TCT).
As people during these times have acquired more than what was necessary for them (for
my ECO 101 students, remember the Tragedy of the Commons), the State, having the Power of
Eminent Domain (the power to acquire private property subject to certain limitations such as that
it must be for public purpose and with payment of just compensation), has, from the
administration of Ramon Magsaysay, reacquired these already distributed lands. Since then, the
State has exerted its efforts and resources to reacquire and redistribute these lands to farmers
cultivating and tilling these lands (as the farmers before were just tenants of these lands and that
a portion of what they produce every year has to be given to the landowner as payment of rent).
Through these, the State is able to limit land ownership and equalize, at some point, the wealth in
the Philippines – until CARP.
Why only “agricultural land”?
The State has classified lands into agricultural, forest or timber, mineral lands and
national parks. All other types of land, except the agricultural, are exclusively owned by the
State, and cannot be utilized by a private person, unless so allowed by the government. Hence,
only agricultural lands are allowed by the government to be disposed of and be distributed to its
citizens.
(Going back to CARP)
CARP is a law mandated by the Constitution under Section 21 of Article II, which states that
“The State shall promote comprehensive rural development and agrarian reform.” Further, it
promotes social justice in a way that the State gives the farmers what is due to them (as social
Leunamme Gayle M. Jaula
justice means equity and not equality and that “those who have less in life shall have more in
law).
Salient Features of the CARP
 Each landowner shall be allowed to retain 5 hectares; should he have a son 15 years of
age and is willing to cultivate said land, the child shall have 3 hectares for himself
 The remaining hectares of land taken from the landowner shall be distributed to the
farmer beneficiaries actually cultivating or utilizing said lands
 The option on what portion should be left to the landowner is at his option
 Each farmer beneficiary is entitled to 3 hectares, if feasible; otherwise, they shall be
given at least 1 hectare
 For purposes of reacquiring said lands, the government has allocated 50 billion pesos as
payment of just compensation to the landowners
 The farmers, in turn, are required to pay annual amortizations and failure to pay such in 3
consecutive years entitles the government to take back the portion of land already given
and vest it to another farmer beneficiary
 The CARP was initially planned to be implemented and be successful, meaning that all
lands be already redistributed, in a number of 10 years (1988-1998). However, by 1998, a
numerous lands were still under the name and ownership of wealthy families or remains
to be not yet redistributed. Hence, RA 9700, CARPER, a law extending the
implementation of CARP was passed by Congress (1998-2008)
(I, together with my classmates in the University of San Agustin College of Law,
was given the opportunity in 2018 to interview one of the farmer beneficiaries of
CARP residing at New Lucena, Iloilo. As gathered, he stated that 10 years after
the extension or the supposed-deadline of the implementation, many of the lands
subjected to CARP were still unsuccessfully reacquired and redistributed because
of the rigorous process and the reluctance of the landowners to succumb to the
governmental mandate.)
Note: CARP was the reason why the Land Bank of the Philippines exist. It was an institution
made to deliver the just compensation to the landowners as well as the one mandated by the
government to collect the annual amortization of the farmer beneficiaries.
PS. This document was made to introduce only Agrarian Reform. Should the statements be not
in the terms as provided for by the law, my apologies as this was made as to how I understood
the law. Also, should there be any lacking or wrongful information contained, kindly inform me.
Thank you! 

Agrarian Reform

Uploaded by

Copyright:

Available Formats

Agrarian Reform

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Agrarian Reform

Uploaded by

Copyright:

Available Formats

Leunamme Gayle M.

What is Agrarian Reform?

What is Comprehensive Agrarian Reform Program?

Why “reacquire and redistribute”?

(Let us first discuss the ownership of lands prior CARP)

Why only “agricultural land”?

(Going back to CARP)

Salient Features of the CARP

You might also like