Development of Land Reform in the Philippines
The
development of land reform in the Philippines has been a long and evolving
journey to address historical injustices and promote social equity. Below is a
brief history of the policy development process regarding land reform in the
country:
Colonial Era
Under
Spanish colonial rule, vast tracts of land were concentrated in the hands of a
few landowners, including Spanish friars and local elites. This led to
widespread landlessness and poverty among Filipino farmers.
Post-Colonial Period
After
gaining independence, efforts were made to address land distribution issues. In
1955, the Agricultural Tenancy Act was enacted to regulate landlord-tenant
relationships. However, these early reforms had limited success due to
resistance from powerful landowners.
Comprehensive Agrarian Reform Program (CARP)
In 1988,
the Comprehensive Agrarian Reform Program (CARP) was enacted under President
Corazon Aquino. CARP aimed to redistribute agricultural land to landless
farmers and farmworkers, ensuring they could own the land they cultivated. This
landmark program included land acquisition and distribution, support services,
and agrarian justice.
CARP Extension
CARP
was extended through the Comprehensive Agrarian Reform Program Extension with
Reforms (CARPER) in 2009. This extension allowed the program to continue beyond
its initial deadline and provided additional mechanisms for land redistribution
and support services.
Despite
significant progress, challenges remain. Issues such as land conversion,
conflicts, and the need for sustainable agricultural practices continue to be
addressed. Agrarian reform remains a crucial component of the country's efforts
to promote social justice, rural development, and economic equity.
Republic Act No. 6657: The Comprehensive Agrarian Reform Program
These are the principles embedded in the law aimed for promoting social justice and equitable land distribution:
· Social Justice: Ensuring fair and just distribution of land to reduce inequality and empower landless farmers and farm workers.
· Equity: Promoting equal access to land and agricultural resources for all, regardless of social status or economic background.
· Rural Development: Enhancing the quality of life in rural areas by providing support services, infrastructure, and opportunities for agricultural productivity.
· Sustainability: Encouraging sustainable agricultural practices to maintain the productivity and health of the land for future generations.
· Participation: Involving farmers, farm workers, and other stakeholders in the planning, implementation, and management of agrarian reform initiatives.
· Just Compensation: Ensuring that landowners receive fair compensation for the land that is redistributed under the program.
- Support Services: Providing access to credit, technology, and marketing assistance to help farmers improve their productivity and quality of life
What is the coverage of CARP?
It includes private agricultural lands owned by
individuals or corporations, which the government acquires for redistribution
to landless farmers and farm workers. Public agricultural lands, including
those owned by the government, are also part of CARP. The program targets lands
under lease or concession agreements suitable for agriculture, as well as idle
or abandoned lands to promote productivity. Additionally, other agricultural lands,
such as cooperative or ancestral lands, are covered. CARP aims to provide
landless farmers with the opportunity to own and cultivate land, promoting
social justice and rural development.
How many hectares can be
retained?
Under the Comprehensive Agrarian Reform Program
(CARP) in the Philippines, landowners can keep a portion of their land. They
can retain up to 5
hectares. Additionally, each child of the landowner, who is at
least 15 years old and actively working on the farm, can retain up to 3 hectares each. This ensures
that landowners can still keep some of their land while promoting fair land
distribution to landless farmers.
Who are the qualified
beneficiaries?
The qualified beneficiaries are landless farmers,
regular farm workers, seasonal farm workers, other farm workers, tenants, and
occupants who cultivate land without legal ownership. These individuals are
given the opportunity to own and till the land they work on, promoting fair
land distribution and social justice in rural areas. By providing land to these
beneficiaries, CARP aims to uplift their economic status, enhance their
livelihoods, and contribute to rural development.
How land be distributed?
Under the
Comprehensive Agrarian Reform Program (CARP) in the Philippines, land
distribution involves several steps. First, the Department of Agrarian Reform
(DAR) identifies eligible agricultural lands for redistribution. The government
acquires these lands through various methods, ensuring fair compensation for
landowners. The lands are then surveyed and divided into smaller parcels.
Qualified beneficiaries, such as landless farmers and farm workers, are
selected based on specific criteria. The DAR awards land titles to these
beneficiaries, providing them with legal ownership and security of tenure. To
support the beneficiaries, the government also offers services like access to
credit, technology, and training to help them improve their farming practices
and livelihoods. This process aims to promote fair land distribution, social
justice, and rural development.
What are the lands not to be distributed?
Exempted lands include those used for parks,
wildlife, forest reserves, reforestation, fish sanctuaries, breeding grounds,
watersheds, and mangroves. Private lands used for prawn farms and fishponds are
also exempted, provided they have not been distributed to agrarian reform
beneficiaries. Additionally, lands necessary for national defense, school sites
and campuses, experimental farm stations, seeds and seedlings research centers,
church sites and convents, mosque sites and Islamic centers, communal burial
grounds and cemeteries, penal colonies and penal farms worked by inmates, and
government and private research and quarantine centers are excluded from CARP.
Lands with an 18% slope and over, except those already developed for
agricultural purposes, are also exempted. These exemptions ensure that lands
with specific uses and ecological importance are preserved while promoting
equitable land distribution to landless farmers.
How much is the payment for the
landowners?
The payment for landowners under the Comprehensive Agrarian Reform Program (CARP) in the Philippines is determined based on the fair market value (FMV) of the land. The formula used is:
· FMV = Zonal Value x Average Productivity x Market Value (MV)
· Zonal Value: This is the value of the land based on its location and zoning classification.
· Average Productivity: This is the average annual gross output per hectare of the land.
· Market Value (MV): This is the current market price of the land.
The government
ensures that landowners receive just compensation for the land acquired under
CARP, reflecting its true value and providing fair compensation for their loss.
How much the beneficiary will pay?
None, the program
aims to provide landless farmers and farm workers with land ownership without
requiring them to make a purchase. Instead, the government acquires the land
from the owners and redistributes it to the beneficiaries, ensuring that they
receive the land free of charge. This approach is designed to promote social
justice and equitable land distribution without imposing financial burdens on
the beneficiaries.
How is the valuation of the land?
First, the Department of Agrarian Reform (DAR) and the Land Bank of the Philippines (LBP) conduct a field investigation to assess the land's characteristics. They survey the land and review relevant documents to ensure accurate valuation. The fair market value is then calculated using a formula that considers the zonal value, average productivity, and market value of the land. The LBP determines the just compensation based on this information, ensuring landowners receive fair payment. Finally, a Memorandum of Valuation is prepared and sent to DAR for further processing. This process ensures that landowners are fairly compensated for their land while promoting equitable distribution to beneficiaries.
Case of Hacienda
Luisita
Hacienda Luisita, Incorporated vs.
Presidential Agrarian Reform Council, et al.
The
Hacienda Luisita case is a landmark decision in the history of agrarian reform
in the Philippines. The case involved a long-standing dispute over the
distribution of the Hacienda Luisita estate, which was owned by the Cojuangco
family. The estate, covering approximately 6,000 hectares, was one of the
largest sugar plantations in the country and had been a source of controversy
for many years due to issues of land ownership and the welfare of farm workers.
The
dispute began when the government, under President Corazon Aquino, included
Hacienda Luisita in the Comprehensive Agrarian Reform Program (CARP) in 1988.
The Cojuangco family opted for a stock distribution option (SDO) instead of
land redistribution. Under the SDO, farm workers would receive shares of stock
in the corporation that owned the land rather than individual land titles. This
arrangement was intended to allow farm workers to benefit from the profits of
the plantation while maintaining the estate's operations.
However,
the SDO faced significant opposition from the farm workers, who argued that it
did not provide them with real land ownership and failed to improve their
living conditions. Tensions escalated over the years, culminating in a violent
clash between farm workers and security forces in 2004, known as the Hacienda
Luisita massacre, which resulted in several deaths and injuries.
In
2011, the Supreme Court of the Philippines, under the leadership of Chief
Justice Renato Corona, issued a landmark decision on the case. The Court ruled
in favor of the farm workers, ordering the cancellation of the SDO and the
redistribution of Hacienda Luisita land to the farm workers. The Court also
ordered the Department of Agrarian Reform (DAR) to supervise the distribution
process and ensure that the beneficiaries received their rightful share of the
land.
The
decision was significant as it upheld the principles of agrarian reform and
social justice, addressing historical inequalities and empowering landless
farmers. It marked a turning point in the struggle for land rights in the
Philippines and set a precedent for future agrarian reform cases.
The
implementation of the Supreme Court's decision involved several steps,
including the identification of qualified beneficiaries, the survey and
subdivision of the land, and the issuance of land titles or Certificates of
Land Ownership Award (CLOAs) to the farm workers. The DAR, in collaboration
with other government agencies, played a crucial role in ensuring that the land
distribution process was carried out effectively and fairly.
Unseen Farmers: Women in Agrarian Reform
The
implementation of agrarian reform laws in the Philippines, particularly under
the Comprehensive Agrarian Reform Law (CARL) of 1988, has long been marked by systemic
gender disparities that disadvantage women. Although the law formally
recognizes women as potential beneficiaries, granting equal rights to land
ownership and access to support services, the actual execution of these
provisions has consistently favored men. Data from the early years of CARL
reveal that only about 13% of redistributed land went to women, while the
overwhelming majority was awarded to male beneficiaries (Food and Agriculture
Organization [FAO], n.d.). This imbalance is not merely a statistical oversight
but a reflection of entrenched patriarchal norms that define landownership as a
male prerogative, often sidelining women even when they are the primary
cultivators or contributors to agricultural labor.
Institutional
structures have further reinforced this marginalization. Women remain severely
underrepresented in agrarian reform decision-making bodies, occupying only a
small fraction of leadership roles both at the national and barangay levels.
This lack of representation limits their ability to influence policies, resolve
disputes, and advocate for gender-sensitive reforms. Compounding this issue is
the limited dissemination of legal education that specifically addresses women’s
rights under agrarian laws. Many rural women are unaware of their entitlements,
and gender-awareness programs rarely include discussions on property rights or
land tenure security for female farmers. As a result, women are often excluded
from beneficiary lists, or their names are omitted from land titles, which are
typically issued in the name of male household heads (Republic Act No. 6657).
Access
to agrarian support services such as credit, training, and infrastructure, also
reflects gender bias. While laws like the Women in Development and Nation
Building Act (Republic Act No. 7192) and the Magna Carta of Women (Republic Act
No. 9710) mandate equal access, enforcement mechanisms remain weak and
inconsistent. Women frequently lack the formal documentation or collateral
required to access credit, and development programs often fail to consider the
specific needs of female farmers, especially those from indigenous communities
(Philippine Commission on Women, 2009). Cultural expectations further compound these
challenges, as women’s agricultural labor is often undervalued or rendered
invisible, reinforcing their exclusion from formal agrarian structures.
In
sum, the marginalization of women in agrarian reform is not simply a gap in
policy but a manifestation of systemic inequality rooted in law, culture, and
institutional practice. Addressing this requires more than legal recognition, it
demands a transformative approach that includes gender-sensitive
implementation, inclusive representation, and sustained education on women’s
rights. Agrarian justice, if it is to be truly equitable, must also be gender
justice.
References
Department of
Agrarian Reform. (n.d.). Comprehensive
Agrarian Reform Program. Retrieved from https://www.dar.gov.ph
Food and
Agriculture Organization. (n.d.). Fact
sheet: Philippines – Women, agriculture and rural development.
Retrieved from https://www.fao.org/4/V9095e/v9095e04.htm
Lawphil Project.
(1988). Republic Act No. 6657:
Comprehensive Agrarian Reform Law. Retrieved from https://lawphil.net/statutes/repacts/ra1988/ra_6657_1988.html
Philippine
Commission on Women. (2009). Republic
Act No. 9710: Magna Carta of Women. Retrieved from https://www.osg.gov.ph/public/documents/GAD/pdf/MagnaCarta.pdf
Hacienda Luisita, Inc. v.
Presidential Agrarian Reform Council,
G.R. No. 171101, July 5, 2011.