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