Critical Analysis Of Agrarian Reform

Social Justice and the Poor farmers  It is the policy of the State to pursue a Comprehensive Agrarian Agrarian Reform Program (CARP). The welfare of the landless farmers and farm workers will receive the highest consideration to promote social justice and to move the nation towards sound rural development development and industrialization, and the establishment establishment of owner cultivatorship of  economic-sized economic-sized farms as the basis of  Philippine agriculture.   Agrarian Reform(Land Reform) means the redistribution of lands, regardless of crops or fruits produced, to farmers and regular farm workers who are landless, irrespective of tenurial arrangement, to include the totality of factors and support services designed to lift the economic status of the beneficiaries and all other arrangements alternative to the physical redistribution of lands, such as production or profit-sharing, labor administration, and the distribution of shares of stock  which will allow beneficiaries to receive a just share of  the fruits of the lands they work.  1. Two important dimensions: land & the people; agricultural & social; productivity & human rights. 2. A basic problem of society  3. Basically a question of land distribution & utilization    3. Basically, a question of land distribution & utilization. The right to own property, universal but limited Land is necessary for all human beings & everybody has the right to use land for his survival . The right to use is given to all individuals but the matter to be used is limited & the number of users unlimited.  1. Pre-Spanish land situation  a. Land patterns: ◦ ◦ ◦ ◦ 1. tribal hunters & gatherers 2. shifting cultivators 3. those with sedentary culture 4. Muslims b. Social classes b. Social classes        2. Land tenancy under Spain: a. Encomienda system b. Rise of the cacique class c. Early rebellions d. Conflicts over land tenureship e. Friar lands f. Philippine revolution        a. Actual increase in tenancy rate b. Purchase of friar lands c. Homesteading d. Peasant rebellions & opposition e. Rice Share Tenancy Act ( Act No. 4050) f. Sugar Cane Tenancy contracts Act (Act No. 4113)    a. Commonwealth Act No. 103 – created the Court of Industrial Relations b. Commonwealth Act no. 213 – regulated legitimate labor organizations c. Commonwealth Acts.178,461,& 608- gave more protection to tenants. Orderly settlement of virgin agricultural lands begun by the National Land Settlement Administration    Effects of Japanese Occupation The Japanese occupation of the Philippines from 1941 to 1945 had a tremendous impact on the agrarian issue From the ranks of the peasant & labor organizations & from the merger of the Communist Party of the Philippines & Socialist Party rose the Hukbong Magpapalaya sa Bayan ( HUKBALAHAP)        a. Agricultural Tenancy Act of 1954 ( Ra No. 1199 b. Land Reform Act of 1955 (Ra No. 1400) c. Land resettlement as a solution d. The Agricultural Land Reform Code of 1963 ( RA No. 3844) e. Amendments to the Agricultural Land Reform Code ( R.A. 6389) f. Agrarian Reform Special Fund Act ( RA 6369)   1. Presidential Decree No. 2- declaring the entire Philippines as land reform area 2. Presidential Decree No. 27 – “emancipating the tenant-farmers from the bondage of the soil”   1. President Aquino signed Proclamation No. 131 instituting a Comprehensive Agrarian Reform Program (Carp) & EO No. 229 providing for the mechanisms 2. She issued EO No. 129-A :Department of  Agrarian Reform   The primary governing law on agrarian reform at present is Republic Act 6657, the Comprehensive Agrarian Reform Law of 1988      1. Land reform would increase production 2. It would provide for the capital needed to industrialize 3. Land reform is the answer to the communist challenge 4. It would correct the present imbalance in our society 5. It would make democracy truly meaningful to our people      1. Fragmentation of farm-holdings 2. Small farms uneconomic 3. Small landholdings included 4. Agrarian reform failed in the past   1. Land distribution – most effective way of  providing security of tenure to tillers of the soil . 2. Companion measures: Credit & modern & better methods of production Creation & development of new social institutions to assist the farmers.      Beneficiaries under the Code: 1. Tenanted farmers 2. Agricultural wage earners or farm workers 3. Settlers including migrant workers. 4. Owner-cultivators of less than family sized farms.     1. Tenanted areas 2. Landed estates 3. Old settlements 4. Proposed settlements     Under this decree there is no more leasehold in tenanted rice & corn lands , the tiller becomes automatically the amortizing owner of the land Beneficiaries are the bona fide tenantfarmers of private agricultural lands primarily devoted to rice & corn under the lease tenancy system Every family should own an economic familysized farm Retention limit- 7 hectares         1. Right to self-organization 2. Right to engage in concerted activities like strike, picketing, boycott 3. Right to minimum wage 4. 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 illness 7. Right against suspension, dismissal or layoff 
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Social Justice and the Poor farmers

It is the policy of the State to pursue a Comprehensive Agrarian Reform Program (CARP). The welfare of the landless farmers and farm workers will receive the highest consideration to promote social justice and to move the nation towards sound rural development and industrialization, and the establishment of owner cultivatorship of economic-sized farms as the basis of Philippine agriculture.

regardless of crops or fruits produced. such as production or profit-sharing. Agrarian Reform(Land Reform) means the redistribution of lands. irrespective of tenurial arrangement. . to farmers and regular farm workers who are landless. labor administration. to include the totality of factors and support services designed to lift the economic status of the beneficiaries and all other arrangements alternative to the physical redistribution of lands. and the distribution of shares of stock which will allow beneficiaries to receive a just share of the fruits of the lands they work.

A basic problem of society  3. 2. Basically a question of land distribution & utilization .The Philippine Agrarian Problem  1. Two important dimensions: land & the people. agricultural & social. productivity & human rights.

Basically. universal but limited Land is necessary for all human beings & everybody has the right to use land for his survival .   .The Agrarian Problem  3. The right to own property. a question of land distribution & utilization. The right to use is given to all individuals but the matter to be used is limited & the number of users unlimited.

Social classes  b. Pre-Spanish land situation a. Muslims b. shifting cultivators 3. Historico-Political Survey of the Agrarian Problems 1. those with sedentary culture 4. Land patterns: ◦ ◦ ◦ ◦ 1. tribal hunters & gatherers 2. Social classes .

Encomienda system b. Early rebellions d. Philippine revolution       . Conflicts over land tenureship e. Friar lands f. Rise of the cacique class c.Spanish Period Land Situation  2. Land tenancy under Spain: a.

Peasant rebellions & opposition e. Purchase of friar lands c. 4113) .       Land Tenure Situation Under the American Regime a. Rice Share Tenancy Act ( Act No. Sugar Cane Tenancy contracts Act (Act No. 4050) f. Actual increase in tenancy rate b. Homesteading d.

gave more protection to tenants. Commonwealth Act No.Commonwealth Period:  a. 213 – regulated legitimate labor organizations c. Commonwealth Act no.461.& 608. 103 – created the Court of Industrial Relations b.178. Commonwealth Acts. Orderly settlement of virgin agricultural lands begun by the National Land Settlement Administration   .

Effects of Japanese Occupation:  Effects of Japanese Occupation The Japanese occupation of the Philippines from 1941 to 1945 had a tremendous impact on the agrarian issue  From the ranks of the peasant & labor organizations & from the merger of the Communist Party of the Philippines & Socialist Party rose the Hukbong Magpapalaya sa Bayan ( HUKBALAHAP)  .

Land resettlement as a solution d.A. 1400) c. Amendments to the Agricultural Land Reform Code ( R. Agricultural Tenancy Act of 1954 ( Ra No. 3844) e. Land Reform Act of 1955 (Ra No. The Agricultural Land Reform Code of 1963 ( RA No. 6389) f. Agrarian Reform Special Fund Act ( RA 6369) .Post War Attempts at Agrarian Reform :        a. 1199 b.

Presidential Decree No.Under Martial Law & 1973 Constitution:   1.declaring the entire Philippines as land reform area 2. Presidential Decree No. 27 – “emancipating the tenant-farmers from the bondage of the soil” . 2.

229 providing for the mechanisms 2. the Comprehensive Agrarian Reform Law of 1988    . 131 instituting a Comprehensive Agrarian Reform Program (Carp) & EO No. President Aquino signed Proclamation No. 129-A :Department of Agrarian Reform The primary governing law on agrarian reform at present is Republic Act 6657.Under the 1987 Constitution:  1. She issued EO No.

Land reform would increase production 2. It would provide for the capital needed to industrialize 3. It would correct the present imbalance in our society 5. Land reform is the answer to the communist challenge 4.     Imperatives of Agrarian Reform: 1. It would make democracy truly meaningful to our people .

Fragmentation of farm-holdings Small farms uneconomic Small landholdings included Agrarian reform failed in the past . 4. 3. 2. Objections to Agrarian Reform:     1.

Companion measures: Credit & modern & better methods of production Creation & development of new social institutions to assist the farmers.Components of Agrarian Reform:   1. Land distribution – most effective way of providing security of tenure to tillers of the soil . 2. .

3844 as amended  Beneficiaries under the Code: 1.    . Agricultural wage earners or farm workers 3. Settlers including migrant workers. Owner-cultivators of less than family sized farms. 4. The Code of Agrarian Reforms (RA No. Tenanted farmers 2.

2. Tenanted areas Landed estates Old settlements Proposed settlements . 4. 3.The Code of Agrarian Reform Code:     1.

27):     Under this decree there is no more leasehold in tenanted rice & corn lands .The Tenants Emancipation Decree (PD No. the tiller becomes automatically the amortizing owner of the land Beneficiaries are the bona fide tenantfarmers of private agricultural lands primarily devoted to rice & corn under the lease tenancy system Every family should own an economic familysized farm Retention limit.7 hectares .

dismissal or layoff  .       Bill of Rights for Agricultural Labor: 1. boycott 3. Right to self-organization 2. death or illness 7. Right to minimum wage 4. Right to engage in concerted activities like strike. Right to compensation for personal injuries. picketing. Right against suspension. Right to work for not more than 8 hours 5. Right to claim damages for death or injuries sustained while at work 6.