Agrarian Reform

covers not only a wide redistribution of land but also the

provision of infrastructure, services and, sometimes, a whole programme of redistributive and democratic reforms.

‘agrarian’ reform

refers to a narrower redistribution

of land, usually to a limited group of beneficiaries.

‘Land’ reform

DECREEING THE EMANCIPATION OF TENANTS FROM THE BONDAGE OF THE SOIL, TRANSFERRING TO THEM THE OWNERSHIP OF THE LAND THEY TILL AND PROVIDING THE INSTRUMENTS AND MECHANISM THEREFORE

TENANT EMANCIPATION DECREE (PRESIDENTIAL DECREE No. 27)

being one of the fundamental objectives of the New

Society,

redress of such legitimate grievances

by virtue of the powers vested in me by the Constitution as Commander-in-Chief of all the Armed Forces of the

Philippines,

FERDINAND E. MARCOS,

and pursuant to BLANK

dated BLANK

General Order BLANK DATED BLANK

Proclamation No. 1081, dated September 21, 1972,

General Order No. 1 dated September 22, 1972,

all tenant farmers as of this day,

October 21, 1972:

This shall apply to tenant farmers of private agricultural lands primarily devoted to

rice and corn under a system OF

sharecrop or lease-tenancy,

The tenant farmer, whether in land classified as landed estate or not, shall be deemed owner of a portion constituting a family-size farm of

five (5) hectares if not irrigated and three (3) hectares if irrigated;

cases, the landowner may retain an area of not more than

(7) hectares

For the purpose of determining the cost of the land to be transferred to the tenant-farmer pursuant to this Decree, the value of the land shall be equivalent

two and one-half (2 1/2) times the average harvest of three normal crop years

The total cost of the land, including interest at the rate of six (6) per centum per

annum, shall be paid by the tenant

fifteen (15) years of fifteen (15) equal annual

amortizations;

The government shall guaranty such amortizations with shares of stock in

government-owned and government-controlled corporations;

Title to land acquired pursuant to this Decree or the Land Reform Program of the Government shall not be transferable except by

hereditary succession or to the

Government in accordance with the provisions of this Decree,

AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN REFORM PROGRAM TO PROMOTE SOCIAL JUSTICE AND INDUSTRIALIZATION, PROVIDING THE MECHANISM FOR ITS IMPLEMENTATION, AND FOR OTHER PURPOSES

COMPREHENSIVE AGRARIAN REFORM PROGRAM (REPUBLIC ACT NO. 6657)

This Act shall be known as the

Comprehensive Agrarian Reform

Law of 1988.

It is the policy of the State to

pursue

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 of economic- size farms as the basis of Philippine agriculture.

Comprehensive Agrarian Reform Program (CARP).

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 farm workers, to receive a just share of the fruits thereof.

agrarian reform program

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, and shall provide support to agriculture through appropriate technology and research, and adequate financial production, marketing and other support services.

The State

means the redistribution of lands, regardless of crops or

fruits produced to farmers and regular farmworkers who are landless, irrespective

of tenurial arrangement,

Agrarian Reform

alternative to the physical redistribution of lands,

production or profit-sharing, labor administration, and the distribution of shares

of stocks,

means the cultivation of the soil, planting of crops, growing of fruit trees, raising of livestock, poultry or fish, 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.

Agricultural Enterprise or Agricultural Activity

refers to land devoted to agricultural activity as defined in

this Act and not classified as mineral, forest, residential, commercial or industrial

land.

(c) Agricultural Land

refers to any controversy relating to tenurial arrangements,

whether leasehold, tenancy, stewardship or otherwise, over lands devoted to agriculture, including disputes concerning farmworkers’ associations or representation of persons in negotiating, fixing, maintaining, changing, or seeking

to arrange terms or conditions of such tenurial arrangements.

(d) Agrarian Dispute

refers to any agricultural land not cultivated, tilled or developed to produce any crop nor devoted to any specific economic purpose Continuously for a period of three (3) years immediately prior to the receipt of notice of acquisition by the government as provided under this Act, but does not include land that has become permanently or regularly devoted to non-agricultural purposes. It does not include land which has become unproductive by reason of force majeure or any other fortuitous event, provided that prior to such event,

such land was previously used for agricultural or other economic purpose.

Idle or Abandoned Land

refers to a natural person whose primary livelihood is cultivation of land or the production of agricultural crops, either by himself, or primarily with the assistance of his immediate farm household, whether the land is owned by him, or by another person under a leasehold or share tenancy agreement or arrangement

with the owner thereof.

Farmer

is a natural person who renders services for value as an employee

or laborer in an agricultural enterprise or farm regardless of whether his compensation is paid on a daily, weekly, monthly or “pakyaw” basis. The term. Includes an individual whose work has ceased as a consequence of, or in connection with, a pending agrarian dispute and who has not obtained a substantially equivalent and regular farm employment.

Farmworker

is a natural person who is employed on a permanent

basis by an agricultural enterprise or farm.

(h) Regular Farmworker

is a natural person who is employed on a recurrent,

periodic or intermittent basis by an agricultural enterprise or farm, whether as a permanent or a non-permanent laborer, such as “dumaan”, “sacada”, and the like.

Seasonal Farmworker

is a farmworker who does not fall under paragraphs (g),

Other Farmworker

 shall refer to organizations composed primarily of small agricultural producers, farmers, farmworkers, or other agrarian reform beneficiaries who voluntarily organize themselves for the purpose of pooling land, human, technological, financial or other economic resources, and operated on the principle of one member, one vote. A juridical person may be a member of a cooperative, with the same rights and duties as a natural person.

Cooperatives

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.

The Comprehensive Agrarian Reform Law of 1988

More specifically, the following lands are covered by the Comprehensive Agrarian

Reform Program:

All alienable and disposable lands of the public domain

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 raised thereon.

Except as otherwise provided in this Act, no

person may own or retain, directly or indirectly, any public or private

agricultural land,

Retention Limits.

hereunder, but in no case shall retention by the landowner

exceed BLANK,

BLANK  may be awarded to each child of

the landowner, subject to the following qualifications: (1) that he is at least BLANK ; and (2) that he is actually BLANK

five (5) hectares

Three (3) hectares\

fifteen (15) years of age

tilling the land or directly

managing the farm:

Provided, however, That those executed prior to

this Act shall be valid only when registered with the

the Register of Deeds within a period

of three (3) months after the effectivity of this Act.

Thereafter, all Registers of Deeds

shall inform the Department of Agrarian Reform (DAR) within of any

transaction involving agricultural lands in excess of

thirty (30) days

five (5) hectares.

No qualified beneficiary may own more than

BLANK of agricultural land.

Three (3) hectares