Agrarian Reform

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Agrarian Reform Report of Group 6 BSA2-1

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Agrarian reformDefinitionHistoryDefinitionAgrarian reformagrarianDefinitionreformDefinitionagrarian reformDefinitionHistoryAgrarian reformSpanish regimeHistory Laws of the Indies encomienda system compras y vandalas system a law made in 1865 Ley Hipotecaria (Mortgage Law) Maura Law (Royal Decree of 1894)Spanish regimeLaws of the IndiesSpanish regimeencomienda systemSpanish regimecompras y vandalas systemSpanish regimea law made in 1865Spanish regimeLey Hipotecaria(Mortgage Law)Spanish regimeMaura Law(Royal Decree of 1894)Spanish regimeAmerican periodHistory Philippine Bill of 1902 Torrens system Land Registration Act of 1902 (Act No. 496) Cadastral Act (Act No. 2259) Homestead Program First Public Land Act (Act No. 926) Second Public Land Act of 1919 (Act No. 2874)American period Act No. 141 Friar Land Act (Act No. 1120) Friar Land Purchase program Rice Share Tenancy Act of 1933 (Act No. 4054) Sugarcane Tenancy Contracts Act of 1933 (Act No. 4113) Colorum and SakdalistaAmerican periodPhilippine Bill of 1902American periodTorrens systemAmerican periodLand Registration Act of 1902(Act No. 496)American periodCadastral Act(Act No. 2259)American periodHomestead ProgramAmerican periodFirst Public Land Act(Act No. 926)American periodSecond Public Land Act of 1919(Act No. 2874)American periodAct No. 141American periodFriar Land Act(Act No. 1120)American periodFriar Land Purchase programAmerican periodRice Share Tenancy Act of 1933(Act No. 4054)American periodSugarcane TenancyContracts Act of 1933(Act No. 4113)American periodColorum and SakdalistaAmerican periodAdministration ofPresident Manuel QuezonHistory Rice Tenancy Law (Republic Act No. 4054) 1935 Constitution Commonwealth Act No. 461 Commonwealth Act No. 608 National Rice and Corn Corporation Commonwealth Act No. 441 National Land Settlement AdministrationAdministration ofPresident Manuel QuezonRice Tenancy Law(Republic Act No. 4054)Administration ofPresident Manuel Quezon1935 ConstitutionAdministration ofPresident Manuel QuezonCommonwealth Act No. 461Administration ofPresident Manuel QuezonCommonwealth Act No. 608Administration ofPresident Manuel QuezonNational Rice and Corn CorporationAdministration ofPresident Manuel QuezonCommonwealth Act No. 441Administration ofPresident Manuel QuezonNational Land Settlement AdministrationAdministration ofPresident Manuel QuezonAdministration ofPresident Manuel RoxasHistory Republic Act No. 34 lands owned by the Ayala-Zobel familyAdministration ofPresident Manuel RoxasRepublic Act No. 34Administration ofPresident Manuel Roxaslands owned bythe Ayala-Zobel familyAdministration ofPresident Manuel RoxasAdministration ofPresident Elpidio QuirinoHistory Executive Order No. 355 Land Settlement Development CorporationAdministration ofPresident Elpidio Quirino Executive Order No. 355Administration ofPresident Elpidio QuirinoLand SettlementDevelopment CorporationAdministration ofPresident Elpidio QuirinoAdministration ofPresident Ramon MagsaysayHistory Agricultural Tenancy Act (Republic Act No. 1199) Republic Act No. 1160 Land Reform Act (Republic Act No. 1400) Republic Act No. 1266 Agricultural Tenancy Act Commission Agricultural Credit and Cooperative Financing AdministrationAdministration ofPresident Ramon Magsaysay Farmers Cooperative and Marketing Associations Republic Act No. 1160 National Resettlement and Rehabilitation Administration Agricultural and Industrial BankAdministration ofPresident Ramon MagsaysayAgricultural Tenancy Act(Republic Act No. 1199)Administration ofPresident Ramon MagsaysayRepublic Act No. 1160Administration ofPresident Ramon MagsaysayLand Reform Act(Republic Act No. 1400)Administration ofPresident Ramon MagsaysayRepublic Act No. 1266Administration ofPresident Ramon MagsaysayAgricultural Tenancy Act CommissionAdministration ofPresident Ramon Magsaysay

Agricultural Credit and Cooperative Financing AdministrationAdministration ofPresident Ramon Magsaysay Farmers Cooperative and Marketing AssociationsAdministration ofPresident Ramon MagsaysayRepublic Act No. 1160Administration ofPresident Ramon MagsaysayNational Resettlement and Rehabilitation AdministrationAdministration ofPresident Ramon MagsaysayAgricultural andIndustrial BankAdministration ofPresident Ramon MagsaysayAdministration ofPresident Carlos GarciaHistory Administration ofPresident Carlos GarciaAdministration ofPresident Diosdado MacapagalHistory Agricultural Land Reform Code (Republic Act No. 3844) Father of Agrarian ReformAdministration ofPresident Diosdado MacapagalAgricultural Land Reform Code(Republic Act No. 3844)Administration ofPresident Diosdado MacapagalFather of Agrarian ReformAdministration ofPresident Diosdado MacapagalAdministration ofPresident Ferdinand MarcosHistory Code of Agrarian Reforms (Republic Act No. 6389) Department of Agrarian Reform Republic Act No. 6390 Presidential Decree No. 2 Presidential Decree No. 27 Agrarian Reform Program Martial LawAdministration ofPresident Ferdinand Marcos Code of Agrarian Reforms(Republic Act No. 6389)Administration ofPresident Ferdinand MarcosDepartment ofAgrarian ReformAdministration ofPresident Ferdinand MarcosRepublic Act No. 6390Administration ofPresident Ferdinand MarcosPresidential Decree No. 2Administration ofPresident Ferdinand MarcosPresidential Decree No. 27Administration ofPresident Ferdinand MarcosAgrarian Reform ProgramAdministration ofPresident Ferdinand MarcosMartial LawAdministration ofPresident Ferdinand MarcosAdministration ofPresident Corazon AquinoHistory Mendiola Massacre 1987 Philippine Constitution Proclamation No. 131 Comprehensive Agrarian Reform Program Executive Order No. 129 Executive Order No. 228 Executive Order No. 229Administration ofPresident Corazon Aquino Comprehensive Agrarian Reform Law (Republic Act No. 6657) Executive Order No. 405 Land Bank of the Philippines Executive Order No. 406 Executive Order No. 407 Executive Order No. 448Administration ofPresident Corazon AquinoMendiola MassacreAdministration ofPresident Corazon Aquino1987 Philippine ConstitutionAdministration ofPresident Corazon AquinoProclamation No. 131Administration ofPresident Corazon AquinoComprehensive AgrarianReform ProgramAdministration ofPresident Corazon AquinoExecutive Order No. 129Administration ofPresident Corazon AquinoExecutive Order No. 228Administration ofPresident Corazon AquinoExecutive Order No. 229Administration ofPresident Corazon AquinoComprehensive AgrarianReform Law(Republic Act No. 6657) Administration ofPresident Corazon Aquino Executive Order No. 405Administration ofPresident Corazon AquinoLand Bank of the PhilippinesAdministration ofPresident Corazon AquinoExecutive Order No. 406Administration ofPresident Corazon AquinoExecutive Order No. 407Administration ofPresident Corazon AquinoExecutive Order No. 448Administration ofPresident Corazon AquinoAdministration ofPresident Fidel RamosHistory DAR Administrative Order No. 2 (1992) DAR Administrative Order No. 1 (1993) Joint DAR-LBP Administrative Order No. 3 DAR Administrative Order No. 1 (1995) DAR Administrative Order No. 2 (1995) DAR Administrative Order No. 2 (1996) DAR Administrative Order No. 2 (1997) DAR Administrative Order No. 8Administration ofPresident Fidel Ramos DAR Memorandum Circular No. 7 Republic Act No. 8532 Administration ofPresident Fidel RamosDAR Administrative OrderNo. 2 (1992)Administration ofPresident Fidel RamosDAR Administrative OrderNo. 1 (1993)Administration ofPresident Fidel RamosJoint DAR-LBPAdministrative Order No. 3Administration ofPresident Fidel RamosDAR Administrative OrderNo. 1 (1995)Administration ofPresident Fidel RamosDAR Administrative OrderNo. 2 (1995)Administration ofPresident Fidel RamosDAR Administrative OrderNo. 2 (1996)Administration ofPresident Fidel RamosDAR Administrative OrderNo. 2 (1997)Administration ofPresident Fidel RamosDAR Administrative OrderNo. 8Administration ofPresident Fidel Ramos DAR Memorandum CircularNo. 7Administration ofPresident Fidel RamosRepublic Act No. 8532Administration ofPresident Fidel RamosAdministration ofPresident Joseph EstradaHistory Magkabalikat Para sa Kaunlarang Agraryo International Conference on Agrarian Reform and Rural Development DAR-DA-DENR convergence initiativeAdministration ofPresident Joseph EstradaMagkabalikat Para saKaunlarang AgraryoAdministration ofPresident Joseph EstradaInternational Conference on Agrarian Reform andRural DevelopmentAdministration ofPresident Joseph EstradaDAR-DA-DENRconvergence initiativeAdministration ofPresident Joseph EstradaAdministration ofPresident Gloria ArroyoHistory Executive Order No. 364 Department of Land Reform Executive Order No. 456 Bayan-Anihan concept Kapit-Bisig sa Kahirapan Agrarian Reform Zones Gulayan Magsasakang Agraryo Diosdado Macapagal Scholar ProgramAdministration ofPresident Gloria Arroyo Comprehensive Agrarian Reform Program Extension with Reforms (Republic Act No. 9700)Administration ofPresident Gloria ArroyoExecutive Order No. 364Administration ofPresident Gloria ArroyoDepartment of Land ReformAdministration ofPresident Gloria ArroyoExecutive Order No. 456Administration ofPresident Gloria ArroyoBayan-Anihan conceptAdministration ofPresident Gloria ArroyoKapit-Bisig sa KahirapanAgrarian Reform ZonesAdministration ofPresident Gloria ArroyoGulayan Magsasakang AgraryoAdministration ofPresident Gloria ArroyoDiosdado MacapagalScholar ProgramAdministration ofPresident Gloria ArroyoComprehensive AgrarianReform Program Extension with Reforms (Republic Act No. 9700)Administration ofPresident Gloria ArroyoAdministration ofPresident Benigno AquinoHistory Hacienda Luisita Land Tenure Improvement Program Beneficiaries Development Agrarian Justice DeliveryAdministration ofPresident Benigno AquinoHacienda LuisitaAdministration ofPresident Benigno AquinoLand Tenure ImprovementAdministration ofPresident Benigno AquinoProgram BeneficiariesDevelopmentAdministration ofPresident Benigno AquinoAgrarian Justice DeliveryAdministration ofPresident Benigno Aquino

Comprehensive Agrarian Reform Program (CARP)CONTRIBUTIONS TO THE ECONOMY

A. Land Tenure Improvement (LTI) and LandProductivityB. Investment Impact on Agriculture SectorARBs who eventually took possession of the land pursued higher investment demands. The ARBs seek credit to be able to invest more in farm assets and on human capital as well.There is an improvement in the tenurial status of the land owned by the ARBs. Also, provisions of support services specifically in infrastructure helps improve farm productivity.

C. Market and Credit AccessD. Poverty Reduction ImpactThere is an increase in household income which improves the living conditions of rural households. Direct selling of farm outputs to households indicates a lower dependence on traders in the marketing of goods and possibly an opportunity to command a better price for the farmers produce. Most ARBs obtain credit from informal moneylenders or enter credit arrangements withtraders and contract buyers.E. Institutional ImpactBudgetary cuts, bureaucratic corruption, and most particularly massive land conversions have compromised the expected outcomes of the program. Massive conversions of agricultural lands into industrial and residential were, in many instances, used by landowners to avoid CARP.

PROGRAMS OF THE GOVERNMENTComprehensive Agrarian Reform Program (CARP)

Bahay Ugnayan ng mga MagsasakaUnder DAR MEMORANDUM CIRCULAR NO. 07-03, Special Order No. 139, Series of 2003.It is envisioned to serve as a one-stop-shop for our farmer stakeholders where, personnel from the different DAR offices will make available to them the necessary information and assistance.

GMA was formulated to improve both economic and social conditions of its beneficiaries through scientific, environment- friendly and highly productive vegetable farming such as greenhouse technologies. Gulayan ng Magsasakang Agraryo (GMA)

President Diosdado Macapagal Agrarian Reform Scholarship Program (PDMARSP)It is a program designed to provide deserving children of the beneficiaries an opportunity to study and complete an agriculture-related four (4) year college degree course from State Universities and Colleges (SUCs) with financial support from DAR under a competitive screening system.

DAR-LANDBANK Microfinance Capacity Development ProgramThis program aims to provide financial access to ARBs in agrarian reform areas by linking them to well established micro-finance institutions (MFIs) and developing ARB cooperatives to become effective and efficient microfinance service providers.

Capacity Development (CapDev) ProgramAims to build and enhance competencies to a)ensure environmentally-responsive management of the land, as well as maintaining ownership of the awarded land; b) enable to effectively develop, manage, and expand assets and resources; c) enhance well-being, reduce vulnerabilities and increase resiliency; and d) develop a favorable and supportive enabling environment for social change in the agrarian reform areas.

Marketing Assistance Program (MAP)Aims to accelerate the development and establishment of enterprises in the ARCs. This is carried out by building and sustaining links between and among farmer entrepreneurs, cooperative producers, processors, agribusiness firms, other institutional buyers, and service providers.

PAyapa at MAsaganang PamayaNAn (PAMANA)Implemented to ensure that the communities benefit from improved delivery of basic social services, and are served by responsive, transparent and accountable government units. Specifically, the project aims to:1) improve governance, building capacities for governance, and management of transparency and accountability mechanisms; 2) empower communities and strengthen their capacity to address issues of conflict and peace; and 3)reduce poverty and vulnerability in conflict-affected areas.PROBLEMS

Agrarian reform remains an unfinished business under the 1987 Philippine Constitution.

As a key social justice mechanism, CARP and CARPER have yet to fulfill their promise.

Article XII, Section 4 of the Constitution provides that the State shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farm workers, who are landless, to own directly or collectively the lands they till or, in the case of other farm workers, to receive a just share of the fruits thereof.

land & the people; agricultural & social; productivity & human rights; Two important dimensions

Basically, a question of land distribution & utilization

The right to own property, universal but limited

The right to use is given to all individuals but the matter to be used is limited & the number of users unlimitedIn 2002, however, the National Statistics Office surveys showed that 348,297 household members that were engaged in agricultural activity were working in landholdings not their own.

This indicated that a considerable number of landless farmers have yet to own directly or collectively the lands they tilled.

Part of the reason for this had been the inability of the Department of Agrarian Reform (DAR), the main agency tasked to implement the program, to distribute land already identified for CARP, as well as the failure to have a database that could aid in accurately identifying the landless farmers for land distribution targeting.

Comprehensive Agrarian Reform Law

The Comprehensive Agrarian Reform Program was a response to the peoples clamor and expectations of a more effective land reform program that would correct the many flaws that plagued the previous land reform programs. Republic Act No. 6657, signed into law on June 10, 1988 by President Corazon Aquino, known as the Comprehensive Agrarian Reform Law of 1988 (CARL), 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.

The laws major features are the following:

It provides for the coverage of all agricultural lands regardless of crops produced or tenurial status of the tiller; It Recognizes as beneficiaries of the program all workers in the land given that they are landless and willing to till the land; It provides for the delivery of support services to program beneficiaries;

It provides for arrangement that ensure the tenurial security of farmers and farm workers such as the leasehold arrangement, stock distribution option and production and profit sharing; and It increases an adjudication body that will resolve agrarian disputes.

The Code of Agrarian Reforms (RA No. 3844 as amended)

Beneficiaries under the Code: 1. Tenanted farmers 2. Agricultural wage earners or farm workers 3. Settlers including migrant workers4. Owner-cultivators of less than family sized farmsRelated Laws Under this decree there is no more leasehold in tenanted rice & corn lands , the tiller becomes automatically the amortizing owner of the landBeneficiaries are the bona fide tenant-farmers of private agricultural lands primarily devoted to rice & corn under the lease tenancy system Every family should own an economic family- sized farmRetention limit- 7 hectares

The Tenants Emancipation Decree (PD No. 27)

1. Right to self-organization2. Right to engage in concerted activities like strike, picketing, boycott3. Right to minimum wage4. Right to work for not more than 8 hours 5. Right to claim damages for death or injuries sustained while at work 6. Right to compensation for personal injuries, death or illness7. Right against suspension, Bill of Rights for Agricultural Labor