For a long period of time, the agrariansystem of

Philippines was being controlled by the large

landlords. The small farmers in Philippines were
struggling for their rights to land and other
natural resources.
Implementation of Agrarian Reform in Philippines
The implementation of Agrarian reforms proceeded
at a very slow pace. This was due to the lack of
political will. The redistribution of land was also very slow.

Comprehensive Agrarian Reform Law: Philippines

The Republic Act No. 6657, alternatively called the
Comprehensive Agrarian Reform Law was signed by
President Corazon C. Aquino on 10th June, 1988.
The Comprehensive Agrarian Reform Law is responsible
for the implementation of the Comprehensive Agrarian
Reform Program(CARP) in Philippines. The law focused
on industrialization in Philippines together with social justice.
The Comprehensive Agrarian Reform Law: Objectives
The primary objective of instituting the Comprehensive Agrarian
Reform law was to successfully devise land reform in Philippines.
It was President Arroyo, who signed the Executive Order No. 456
on 23rd August to rename the Department of Land Reform as
Department of Agrarian Reform. This had been done to expand
the functional area of the law. Apart from land reform, the
Department of Agrarian Reform began to supervise other
allied activities to improve the economic and social status of
the beneficiaries of land reform in Philippines.
CARP Meaning
Comprehensive Agrarian Reform Program of 1988,
also known as CARP, is a Philippine state policy that
ensures and promotes welfare of landless farmers and
farm workers, as well as elevation of social justice and
equity among rural areas.

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Agrarian reform is a 100-year history of unfinished reformsafter
the United States took over the country from the Spaniards.
Before the Hispanic period, there were noowner-cultivators,
only communal land owned by the barangay whichconsisted
of a datu, freemen, serfs andslaves.
The Spaniards replaced this traditional system of land ownership,
similar to existing systems among several indigenous communities
today and distributed the land (haciendas) to the Spanish military and
the clergy or established encomiendas (administrativedistricts).

The 1935 Constitution addressed the issue of foreign access to

land, i.e. corporations must have at least 60% Filipino ownership,
and use-rights were limited in time. Other reforms included
limitations on interest rates on loans and an increase in the
sharecropping share from 50% to 70%. But very littleof these
laws were really followed inpractice and the Huk rebellion was born.
Under the Magsaysay and the Macapagal administrations, land
reform was again tackled, such as the Mindanao resettlement
program and the Land Reform Act of 1955. but no significant
results were really achieved in terms of scope and magnitude
of land transfer.

With martial law, the whole Philippines was declared a land reform
area under PD27. Significant progress was made, but the continued
practice of the share tenancy system, coverage limitation to rice and
corn lands, the many exemptions allowed and the shortcomings in
support systems (although it was Marcos who set up the new Agrarian
Reform Department) did much to limit the effectivity of the reforms in
addressing the over-concentration of wealth problem and ruralpoverty.
The CARPyears since 1988 – for the first time the program coveredall
agriculture lands regardless of crop and tenurial arrangements. Land
distribution increased substantially – about 7 million hectares with
about 4.2 million farmer beneficiaries. But the total figures hide
disturbing underperformances.

- and only about 1.5 million hectares ofprivate agricultural

lands have been covered for an accomplishment rate of
only about 50% after twenty years.

- Moreover the lack of support services, funding and

infrastructure, is still prevalent. Of theoriginal estimate
of P220 billion tocomplete the program, only P203 billion
have been budgeted by Congress, of which onlyabout
P170 billion have been released.

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While there is significant empirical evidence that agrarian reform
has yielded significant benefits and has the potential for even
greater benefits, the fact is that it has encountered implementation
problems.

Regardless of the problems encountered by CARP,thepoint

is that CARPis not the cause of the continuing poverty nor
the obstacle to solving it. On the contrary, completing CARP
in accordance with the mandate of the Constitution is a
necessary condition to correct social injustice, and achieve
sound agricultural development and economic growth.
Of course, agrarian reform is not a panacea that willsolve all
our problems. Neither is education, nor health care, nor
industrialization nor clean elections, nor honestleadership.
The fact is that the path to growth with equity is a complex
process because we need all the programs working together
to succeed.
In the final analysis, the future of CARPis a political decision
of those in power with respect to two questions:
- How much reforms is the government willing to implement?
- How much resources is government willing to devote to such reforms?

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Department of Agrarian Reform is the leadimplementing
agency of Comprehensive Agrarian Reform Program
(CARP). It undertakes land tenure improvement and
development of program beneficiaries. DARconducts
land survey in resettlement areas. It undertakesland
acquisition and distribution and land management studies.
The DARalso orchestrates the delivery of support services
to farmer-beneficiaries and promotes the development
of viable agrarian reform communities.
The DAR logo shows the Department's acronym representing the institution and its
role as the lead agency in the implementation of the Comprehensive Agrarian Reform
Program (CARP).

Green stands for fertility and productivity while yellow represents hope
and a golden harvest of agrarian reform beneficiaries who are the recipients
of the services provided by the Department via CARP. Both colors imply that
economic growth and sound rural development can be achieved through
agrarian reform.
 M andate

The Department of Agrarian Reform (DAR)leads

the implementation of the Comprehensive AgrarianReform
Program (CARP) through land tenureimprovement,
agrarian justice, and coordinated delivery of essentialsupport
services to client-beneficiaries.
 Mission

"To lead in the implementation of agrarian reform and

sustainable rural development in the
countryside through land tenure improvement
and provision of integrated development services to
landless farmers, farmworkers and small
landowner-cultivators, and the delivery
of agrarian justice".
 Vision

"A nation where there is equitable land ownershipand

empowered agrarian reform beneficiaries who
are effectively managing their economic and social
development for a better quality of life"
Present Secretary of DAR
Prior to his official appointmentas Agrarian Reform Secretary
last 30 June 2010, Secretary Virgilio de los Reyes was
Vice-Dean of the College of Law of the De La Salle University inManila.
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 AN ACT STRENGTHENING THE COMPREHENSIVE AGRARIAN
REFORM PROGRAM(CARP), EXTENDING THE ACQUISITION AND
DISTRIBUTION OF ALLAGRICULTURAL LANDS, INSTITUTING
NECESSARY REFORMS, AMENDING FOR THE PURPOSE CERTAIN
PROVISIONS OF REPUBLIC ACT NO. 6657, OTHERWISE KNOWN
AS THE COMPREHENSIVE AGRARIANREFORM LAW OF 1988,
AS AMENDED, AND APPROPRIATING FUNDS THEREFOR
 SECTION 1
Declaration of Principles and Policies. - It is the policy of the State to pursue a
Comprehensive Agrarian Reform Program (CARP). 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 cultivatorship ofeconomic-size farms as the
basis of Philippine agriculture.

"The State shall promote industrialization and full employment basedon

sound agricultural development and agrarian reform.

"The State recognizes that there is not enough agricultural land to be divided and
distributed to each farmer and regular farmworker so that each one can own
his/her economic-size family farm.
"A more equitable distribution and ownership of land, with due regard to the rights
of landowners to justcompensation.

"The agrarian reform program is founded on the right of farmers and regular
farmworkers, who are landless, to own directly or collectively the lands they till or,
in the case of other farmworkers, to receive a just share of the fruits thereof.

"As much as practicable, the implementation of the program shall be

community-based to assure, among others, that the farmers shallhave greater
control of farmgate prices, and easier access to credit.

"The State shall recognize the right of farmers, farmworkers and landowners, as
well as cooperatives and other independent farmers’ organizations, to participate
in the planning, organization, and management of the program,
"The State shall recognize and enforce, consistent with existing laws, therights of
rural women to own and control land, taking into consideration the substantive
equality between men and women as qualified beneficiaries,

"The State shall apply the principles of agrarian reform, or stewardship, whenever
applicable, in accordance with law, in the disposition or utilization of other natural
resources,

"The State may resettle landless farmers and farm workers in its ownagricultural
estates, which shall be distributed to them in the manner provided by law.

"By means of appropriate incentives, the State shall encourage the formationand
maintenance of economic-size family farms to be constituted by individual
beneficiaries and small landowners.
"The State shall protect the rights of subsistence fishermen, especially of local
communities, to the preferential use of communal marine and fishing
resources, both inland and offshore. It shall provide support to such fishermen
through appropriate technology and research, adequate financial, productionand
marketing assistance and other services.
"The State shall be guided by the principles that land has a social functionand land
ownership has a social responsibility. Owners of agricultural land have the
obligation to cultivate directly or through labor administration the lands they own
and thereby make the land productive.
"The State shall provide incentives to landowners to invest the proceeds of the
agrarian reform program to promote industrialization, employment and
privatization of public sectorenterprises.

"The State may lease undeveloped lands of the public domain to qualified entities
for the development of capital-intensive farms, and traditional and pioneering
crops especially those for exports subject to the prior rights of the beneficiaries
under this Act."
 SECTION 2
Definitions. - Farmer refers to a natural person whose primary livelihood is
cultivation of land or the production of agricultural crops, livestock
and/or fisheries either by himself/herself, or primarily with the
assistance of his/her immediate farm household, whetherthe
land is owned by him/her, or by another person under a leasehold or
share tenancy agreement or arrangement with the owner thereof.

Rural women refer to women who are engaged directly or indirectly in farming
and/or fishing as their source of livelihood, whether paid or unpaid, regular or
seasonal, or in food preparation, managing the household, caring for the children,
and other similar activities."
 SECTION 3
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 OrderNo.
229, including other lands of the public domain suitable for agriculture.
"More specifically, the following lands are covered by the CARP:
"(a) All alienable and disposable lands of the public domain devoted to or suitable
for agriculture.
"(b) All lands of the public domain in excess of the specific limits as determined
by Congress in the preceding paragraph;
"(c) All other lands owned by the Government devoted to or suitable for
agriculture;

"(d) All private lands devoted to or suitable for agriculture regardless of the
agricultural products raised or that can be raisedthereon.
 SECTION 4

Exception to Retention Limits. - Provincial, city and municipal government ,units

acquiring private agricultural lands by expropriation or other modes of
acquisition to be used for actual, direct and exclusive public purposes, such as
roads and bridges, public markets, school sites, resettlement sites, local
government facilities, public parks and barangay plazas or squares, consistent
with the approved local comprehensive land use plan, shall not be subject to the
five (5)-hectare retention limit.
Provided, That lands subject to CARPshall first undergo the land acquisitionand
distribution process of the program: Provided, further, That when these lands
have been subjected to expropriation, the agrarian reform beneficiariestherein
shall be paid just compensation."
Review of Limits of Land Size. - Within six (6) months from the effectivity of this
Act, the DARshall submit a comprehensive study on the land size appropriate for
each type of crop to Congress for a possible review of limits of land sizes
provided in this Act."
 SECTION 5

Priorities. - The DAR, in coordination with thePresidential Agrarian Reform

Council (PARC)shall plan and program the final acquisition and distribution
of all remaining unacquired and undistributed agricultural lands from the
effectivity of this Act until June 30, 2014. Lands shall be acquired
and distributed asfollows:
"Phase One: During the five (5)-year extension period hereafter all remaining
lands above fifty (50) hectares shall be covered for purposes of agrarianreform
upon the effectivity of thisAct.
"Phase Two: (a) Lands twenty-four (24) hectares up to fifty (50) hectaresshall
likewise be covered for purposes of agrarian reform upon the effectivity of
this Act, which have already been subjected to a notice of coverage issued on
or before December 1O, 2008, to implement principally the rights of farmers
and regular farmworkers, who are landless, to own directly or collectively the
lands they till,
 SECTION 5

Priorities. - The DAR, in coordination with thePresidential Agrarian Reform

Council (PARC)shall plan and program the final acquisition and distribution
of all remaining unacquired and undistributed agricultural lands from the
effectivity of this Act until June 30, 2014. Lands shall be acquired
and distributed asfollows:
"Phase One: During the five (5)-year extension period hereafter all remaining lands above
fifty (50) hectares shall be covered for purposes of agrarian reform upon the effectivity of
this Act.
"Phase Two: Lands twenty-four (24) hectares up to fifty (50) hectares shall likewisebe
covered for purposes of agrarian reform upon the effectivity of this Act, which have
already been subjected to a notice of coverage issued on or before December
1O, 2008, to implement principally the rights of farmers and regular farmworkers,who
are landless, to own directly or collectively the lands they till.

"Phase Three: All other private agricultural lands commencing with large
landholdings and proceeding to medium and small landholdings underthe
following schedule:
 SECTION 6

Procedure for Acquisition and Distribution of Private Lands

SECTION 7

Determination of Just Compensation. - In determining just compensation, the

cost of acquisition of the land, the value of the standing crop, the current: value
of like properties, its nature, actual use and income, the sworn valuation by the
owner, the tax declarations, the assessment made bygovernment
assessors, translated into a basic formula by the DARshall be considered, subject
to the final decision of the proper court.
 SECTION 8

Order of Priority. - A landholding of a landowner shall be distributed first to

qualified beneficiaries of that same landholding up to a maximum of three (3)
hectares each. Only when these beneficiaries have all received three (3) hectares
each, shall the remaining portion of the landholding, if any, be distributed to other
beneficiaries.
SECTION 9
Award to Beneficiaries. - The rights and responsibilities of the beneficiaries
shall commence from their receipt ofa duly registered emancipation patent or
certificate of land ownership award and their actual physical possession of the
awarded land. Such award shall be completed in not more than one hundred
eighty (180) days from the date of registration of the title in the name of the
Republic of the Philippines.
"All cases involving the cancellation of registered emancipation patents, certificates of
land ownership award, and other titles issued under any agrarian reform program are
within the exclusive and original jurisdiction of the Secretary of the DAR."
 SECTION 10
Award Ceilings for Beneficiaries. - Beneficiaries shall be awarded an areanot
exceeding three (3) hectares, which may cover a contiguous tract of land or
several parcels of land cumulated up to the prescribed award limits.

SECTION 11

Payment by Beneficiaries. - Lands awarded pursuant to this Act shall be paidfor

by the beneficiaries to the LBPin thirty (30) annual amortizations at six percent
(6%) interest per annum. The annual amortization shall start one (1) year from
the date of the certificate of land ownership award registration. However, if the
occupancy took place after the certificate of land ownership award
registration, the amortization shall start one (1) year from actual occupancy. The
payments for the first three (3) years after the award shall be at reduced amounts
as established by the PARC:
 SECTION 12

Transferability of Awarded Lands. - Lands acquired by beneficiaries under

this Act or other agrarian reform laws shall not be sold, transferred or
conveyed except through hereditary succession, or to the government.

SECTION 13

Funding for Support Services. - In order to cover the expenses and cost of
support services, at least forty percent (40%) of all appropriations for agrarian
reform during the five (5) year extension period shall be immediately set aside
and made available for this purpose: Provided, That the DARshall pursue
integrated land acquisition and distribution and support services strategy
requiring a plan to be developed parallel to the land acquisition and distribution
process.
 SECTION 14
Support Services for the Agrarian Reform Beneficiaries. - The State shall adopt
the integrated policy of support services delivery to agrarian reform
beneficiaries. Tothis end, the DAR, the Department of Finance, and theBangko
Sentral ng Pilipinas (BSP) shall institute reforms to liberalize access to credit by
agrarian reform beneficiaries.
SECTION 15
Equal Support Services for Rural Women. - Support services shall be extended
equally to women and men agrarian reformbeneficiaries.
"The PARCshall also ensure that rural women will be able to participate in all
community activities. Tothis effect, rural women are entitled to self-
organization in order to obtain equal access to economic opportunities and to
have access to agricultural credit and loans, marketing facilities and
technology, and other support services, and equal treatment in land reform and
resettlement schemes.
 SECTION 16

Support Services for Landowners. - The PARC,with the assistance of such other
government agencies and instrumentalities as it may direct, shall provide
landowners affected by the CARPand prior agrarian reform programswith
the following services:
"(a) Investment information, financial and counseling assistance, particularly
investment information on government-owned and/or -controlled corporations
and disposable assets of the government in pursuit of national industrialization
and economic independence:
"(b) Facilities, programs and schemes for the conversion or exchange of bonds
issued for payment of the lands acquired with stocks and bonds issued bythe
National Government, the BSPand other government institutions andinstrumentalities;
"(c) Marketing of agrarian reform bonds, as well as promoting the marketabilityof
said bonds in traditional and non-traditional financial markets and stockexchanges:

"(d) Other services designed t o utilize productively the proceeds of the sale of such
lands for rural industrialization.
 SECTION 17
The Presidential Agrarian Reform Council. - The Presidential Agrarian Reform Council
(PARC)shall be composed of the President of the Philippines as Chairperson, the Secretary
of Agrarian Reform as Vice-Chairperson and the following as members: Secretaries of the
Departments of Agriculture; Environment and Natural Resources; Budget and
Management; Interior and Local Government; Public Works and Highways; Trade and
Industry; Finance; and Labor and Employment; Director-General of the National Economic
and Development Authority; President, Land Bank of the Philippines; Administrator,
National Irrigation Administration; Administrator, Land Registration Authority; and (6)
representatives of affected landowners to represent Luzon, Visayas and Mindanao; (6)
representatives of agrarian reform beneficiaries, (2) each from Luzon, Visayas and
Mindanao: Provided, That at least (1) of them shall be from the indigenous peoples:
Provided, further, That at least (1)of them shall come from a duly recognized national
organization of rural women or a national organization of agrarian reform beneficiaries
with a substantial number of women members: Provided, finally, That at least twenty
percent (20%) of the members of the PARCshall be women but in no case shall they be
less than (2).
 SECTION 18

Quasi-Judicial Powers of the DAR. - The DARis hereby vested with primary
jurisdiction to determine and adjudicate agrarian reformmatters and shall
have exclusive original jurisdiction over all matters involving the implementation
of agrarian reform, except those falling under the exclusive jurisdiction of the
Department of Agriculture (DA) and theDENR.

"It shall have the power tosummon witnesses, administer oaths, take testimony,
require submission of reports, compel the production of books and documents
and answers to interrogatories and issue subpoena, and subpoena duces tecum
and to enforce its writs through sheriffs or other duly deputized officers. It shall
likewise have the power to punish direct and indirect contempts in the same
manner and subject to the same penalties as provided in the Rules of Court.
 SECTION 19

Exclusive Jurisdiction on Agrarian Dispute. - No court or prosecutor's office shall

take cognizance of cases pertaining to the implementation of the CARPexcept
those provided under Section 57 of Republic Act No. 6657, as amended. If there is
an allegation from any of the parties that the case is agrarian in nature and one of
the parties is a farmer, farmworker, or tenant, the case shall be automatically
referred by the judge or the prosecutor to the DARwhich shall determine and
certify within fifteen (15) days from referral whether an agrarian dispute exists.
SECTION 20

No Restraining Order or Preliminary Injunction. -Except for the Supreme Court,

no court in the Philippines shall have jurisdiction to issue any restraining order or
writ of preliminary injunction against the PARC,the DAR, or any of its duly
authorized or designated agencies in any case, dispute or controversy arising
from, necessary to, or in connection with the application, implementation,
enforcement, or interpretation of this Act and other pertinent laws on agrarian
reform."
 SECTION 21

Funding Source. - The amount needed to further implement the CARPas provided
in this Act, until June 30, 2014, upon expiration of funding under Republic Act
No. 8532 and other pertinent laws, shall be funded from the Agrarian Reform
Fund and other funding sources in the amount of at least One hundred fifty
billion pesos (P150,000,000,000.00).
SECTION 22

Conversionof Lands. - After the lapse of five (5) years from its award, when the
land ceases to be economically feasible and sound for agricultural purposes, or
the locality has become urbanized and the land will have a greater economic
value for residential, commercial or industrial purposes, the DAR, upon
application of the beneficiary or the landowner with respect only to his/her
retained area which is tenanted, with due notice to the affected parties, and
subject to existing laws, may authorize the reclassification or conversion of the
land and its disposition.
 SECTION 23

Immunity of Government Agencies from Undue Interference. - In cases falling

within their jurisdiction, no injunction, restraining order, prohibition or mandamus
shall be issued by the regional trial courts, municipal trial courts, municipal
circuit trial courts, and metropolitan trial courts against the DAR, the DA, the
DENR,and the Department of Justice in their implementation of the program."

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