1

The Demise of the Comprehensive Agrarian Reform

Program (CARP)

By

Aurea G. Miclat-Teves

Peoples Development Institute

Quezon City, Philippines

October 2015

2

The Demise of the Comprehensive Agrarian Reform Program (CARP)

Aurea G. Miclat-Teves

Peoples Development Institute (PDI)

I. Introduction:

This paper explains the origin and context of the Comprehensive Agrarian Reform Program

(CARP) and traces the history of land tenure in the Philippines since the Spanish colonial

regime, which introduced the encomienda system and focused on mercantile trade while leaving

the exploitation of the land to the clergy and certain favored landed gentry. The American

colonial administration which took over from the Spaniards sought to segregate public and

private agricultural lands to systematize their hold over the territory and use the same for

political control of the population and the nation‟s economic resources.

This paper also aims to define the issues and obstacles surrounding the implementation of land

reform and how the Filipino agrarian reform activists have responded to such situations,

including the repression they have been facing through the years. Based on bitter experiences,

they have crafted strategies to combat repression from anti-land reform elements.

II. Historical Context: Origins of the Agrarian Problems

The colonial and post-colonial governments negated and demolished pre-existing institutions and

structures creating a political trauma that infected relations and economic arrangements based on

land ownership and control.

The Spanish Colonial Regime delivered the first blow to the communal agrarian structures of

indigenous communities by virtue of the mythical Regalian Doctrine, seceding the archipelago to

the Spanish crown and naming it after a Spanish monarch. Through this doctrine, the Spaniards

or conquistadores established the encomienda system to administer the colony while exacting

tribute from the peasants. However, the encomenderos did not own the lands within the

encomienda because these were formally protected by the Spanish crown and they were merely

administrators who were allowed to collect tributes from the peasants. The native “elite” or the

principalia illegally accumulated land through usurious lending to the indigenous people

resulting in forced labor when they were unable to pay, and/or expropriation of their lands.

The friar orders accompanied the Spaniards in colonizing much of what we now call Philippine

territory. The Catholic Church was the other partner in the theocratic state that ruled this territory

from the 16th

to the last years of the 19th

century. The friar orders began to acquire big

landholdings in the Philippines, especially in areas surrounding Manila during the 17th

century.

They acquired the lands by donations from Spaniards seeking spiritual benefit or through direct

purchase. But the more common were foreclosure or mortgages. The Catholic Church‟s place in

land issues combined elements of ownership, political power and moral clout. The vestiges are

evident until today in the Spanish-mestizo sugar barons of Negros and their haciendas and the

friar lands still retained by big Catholic Religious congregations.

3

The second blow to the peasantry came with the arrival of the Americans in the late 19th

century.

This was preceded by the sale of the Philippine islands by the Spaniards to the Americans under

the Treaty of Paris in 1898 for US $20million.

The American land policy in their new colony was characterized by three elements: (a)

maximizing land space through settlement in order to quell resistance to colonization; (b)

limiting the size of private land; and, (c) introducing a new property regime known as the

Torrens System. With the Torrens system, the state bestows, recognizes and protects the private

and physical ownership of the land. Thus, private property ownership in the Philippines began in

the early 1900s during the American colonial regime with the introduction of new land laws.

The Evolution of Laws in the Philippines

The American superimpositions consisted of the following series of acts:

• Philippine Organic Act of 1902 (the colony‟s Constitution until 1916) limiting the size of

privately owned lands to 16 hectares.

• Public Lands Act of 1902 (also known as Public Land Act No. 718) promoting

settlements by issuing 16-hectare homesteads to settlers. This law also nullified land

grants issued by Muslim Sultans and Datus and chiefs of non-Christian tribes. (This de-

legitimized or nullified the authority of Muslim Sultans and tribal chieftains to bestow

access rights to their subjects.)

• Act No. 926 of 1903 proclaiming that all lands not registered under the Land Registration

Act (Act No. 496) would be deemed public lands. (This segregated public lands and

private lands by appropriating all unclaimed lands as public lands.)

• Mining Law of 1905 opening all public lands for mining exploration, occupation and

purchase.

• Act 2254 of 1913 mandating the creation of agricultural colonies right in the heart of

Muslim lands. The sociological argument (based on the assimilation theory) was to

integrate Muslims and Christians but the law also created disparity in access to land.

While Christian settlers could own 16 hectares, Muslims were allowed only 8 hectares.

The process of reforming (or deforming) agrarian structures interplayed with political transitions.

American political tutelage towards independence began in 1916 with the Jones Law that

provided for the establishment of a bicameral Congress – a Senate and a House of

Representatives – to replace the U.S.-based Philippine Commission. During this period, the

House exercised control over government corporations charged with land acquisition using

government funds. Nevertheless, the land laws led to further deformities:

• Public Land Act No. 2874 of 1919 amending Public Land Act 2254 increasing individual

ownership to 24 hectares and corporate ownership to 1,024 hectares. However, Muslim

individuals were allowed to own only up to 10 hectares. This law paved the creation of

the National Development Corporation (NDC), a semi-government corporation charged

with land acquisition and promotion of investments.

4

In 1935, the notion of shared governance and preparation for independence was introduced with

the creation of the Commonwealth Government by virtue of the Tydings McDuffie Law of 1934.

However, the American colonial property regimes were continued by the Philippine state.

By then, socialism and peasant unrest emerged in the Central Luzon region. Two parties, the

Socialist Party of the Philippines and the Partido Komunista ng Pilipinas (PKP), later merged

into one and took the lead in the peasant demand for land. The Commonwealth Government

responded to this demand by pursuing the colonial strategy of engineering population dispersion

or what may be described as internal colonization. This can be gleaned from the following acts

during the commonwealth period:

• Commonwealth Legislative Act No. 4197, otherwise known as the Quirino-Recto

Colonization Act embodying government policy of resettlement (or state sponsorship of

settlements) as a way of solving the land problem.

• Commonwealth Act No. 141 of 1936 nullifying all ancestral rights and ancestral domains

not recognized previously by the Spanish and American colonial governments. Hence,

all ancestral lands became public lands.

• 1938 – Philippine Packing Corporation (PPC) acquires 10,000 hectares of land in

Bukidnon from the NDC at a cost of PHP 1 per hectare (See Putzel 1992).

• 1939 – Opening of Koronadal Valley and Allah Valley settlements in Cotabato under the

National Land Settlement Administration (NLSA).

The Second World War also highlighted peasant uprisings led by the PKP (merger of the PKP

and Socialist Party) and its armed wing, the Hukbo ng Bayan Laban sa Hapon

(HUKBALAHAP), which was later renamed as the Hukbong Mapagpalaya ng Bayan also

known as the Huks. The Huks joined the war of resistance against Japan in alliance with the

American and Filipino government soldiers, hoping but failing to achieve its objectives in the

process. Agrarian unrest led the post-war governments of Quirino and Magsaysay to find

solutions. However, the solutions were not oriented towards land reform. On the contrary, these

solutions sustained the resettlement policy of the American colonial government. These are

typified by the following:

• Quirino Administration (1949-1953) – Creation of the Land Settlement and Development

Corporation (LASEDECO). This period saw the dismemberment of the government-

owned Davao Penal Colony (DAPECOL) to the 1,024-hectare plantations of the Davao

Abaca Plantation Company (DAPCO), Panabo Hemp Corporation (PAHECO) and

Tagum Agricultural Development Corporation TADECO. During the period, the

Department of National Defense (DND) also set up the Economic Development

Corporation (EDCOR) as part of campaign to defeat the Huks using land as bait.

• Magsaysay (1954-57) – Creation of the National Resettlement and Rehabilitation

Administration (NARRA). This led to the opening of five new settlements in Mindanao.

• The Macapagal government (in 1963) – enacted the first land reform law with liberal-

reformist influence, the same influence that inspired post-war land reform in East Asia.

But by then, the impact of the successive colonial and post-colonial power blows to

5

indigenous agrarian structures and institutions have drastically changed the agrarian

landscape. Indigenous sovereignty, not only of the Muslim ethnic groups but also of the

non-Muslim groups, has been supplanted with civil political structures resulting in

dichotomous local governance systems, the formal and the traditional. Among the

Muslims, claims of sovereignty later emerged in the political claims of the Moro National

Liberation Front and the Moro Islamic Liberation Front. Social trust among the diverse

groups has been eroded as each group rallies around preferred symbols and

identifications. Christian settlers normally identify themselves with and are defended by

the civil political structures of the state while others are either marginalized or supported

by their own political elites.

There is a deep-seated grievance against settlers because they were the main beneficiaries of the

settlement programs that were imposed from above. The settlements were unilaterally carved out

by the national government on the assumption that land grants issued by the leadership of

indigenous communities had been nullified as early as 1902 and the same has been reiterated by

the Commonwealth government in 1936. In the absence of prior negotiations and compensatory

mechanisms, the arrival of the settlers was perceived as conquest or extension of colonialism by

the natives and indigenous communities.

These grievances have been exacerbated by disparities in income and quality of life, by repeated

displacements caused by armed conflict or development aggression and much more so by the

accumulation of blood debts that distinguishes victims and perpetrators along ethnic and

religious lines or identifications with the state or rebel groups.

The liberal-oriented land reform that began in the early 1960s was tainted by its political

objectives. Mindanao was used as a coping strategy to relieve tensions of agrarian unrest in

Luzon and demand for labor in the Visayas (for the Mindanao plantations). It may have worked

in the context of Luzon and Visayas but it produced potentially grave consequences to the rural

population of Mindanao.

Marcos Dictatorship (1972-1986) – It took more than three decades and the overthrow of

a regime before a comprehensive response was formulated, and not without stiff

resistance from big landowners. But even then, the historical depth of the CARP dates

back only to Presidential Decree No. 27 under President Ferdinand Marcos. The benefits

of CARP zero in on the victims of deformities within the 1972-1988 time frame but not

necessarily those who suffered from earlier divestments. This phenomenon leads to a

continuum of agrarian questions that need to be appreciated in the light of the inability of

government to complete CARP, declining overseas development assistance (ODA) for

agrarian reform and shifting of ODA attention towards geopolitical objectives,

specifically international security and campaign against terrorism. Against this backdrop

is a national economic agenda that looks at the market as the focus of attention rather

than social justice. (Ed Quitoriano, ibid).

The Aquino Administration – In 1988, CARP was instituted after the passage of the

Comprehensive Agrarian Reform Law (RA 6657) and extended by the RA 8532. It is by

far the most comprehensive agrarian reform initiative of government that seeks to remove

6

inequity in access to land and combines the principle of social justice and economic

growth objectives. Its main distinction is coverage of all agricultural lands compared to

Marcos‟ 1972 PD 27 that covered only rice and corn lands.

III. Legal Basis of Agrarian Reform

The mandate of Agrarian reform can be found in international laws, the Philippine Constitution

and the Social teachings of the Church, as follows:

International Laws:

1. Obligations of the Philippines under the International Covenant on Economic, Social

and Cultural Rights:

The Philippines, as a signatory to the ICESCR, has the obligation to respect, protect and uphold

the rights set forth in the covenant.

The right to have access to productive resources like land is one of the rights provided in the

Covenant. Section 2 of Article 11 calls on State Parties to take “individually and through

international cooperation measures which are needed to improve methods of production,

conservation and distribution of food by making full use of technical and scientific knowledge,

by disseminating knowledge of principles of nutrition and by developing or reforming agrarian

systems in such a way as to achieve the most efficient development and utilization of natural

resources.”

In 1999, the UN Committee on Economic, Social & Cultural Rights (CESCR) came out with

General Comment No. 12 to further explain the meaning of the right to adequate food as

provided in Article 11 of the ICESCR. One will observe that access to land and other resources

is mentioned as one of the means of achieving the right to food of the people. Paragraph 12, for

instance, says: “Availability (of food) refers to the possibilities of either for feeding oneself from

productive land or other natural resources or for well-functioning distribution, processing and

market systems ….”

In paragraph 15 of General Comment No. 12, the CESCR said, “The obligation to fulfill

(facilitate) means the State must pro-actively engage in activities intended to strengthen people‟s

access to and utilization of resources and means to ensure their livelihood, including food

security …”

2. FAO‟s Voluntary Guidelines

In November 2004, the members of the Food and Agriculture Organization (FAO) Council

adopted the “Voluntary Guidelines to Support the Progressive Realization of the Right to

Adequate Food in the Context of National Food Security.” The Philippines is a member of FAO.

Guideline 8 of the Voluntary Guidelines urges States to “respect and protect the rights of

individuals with respect to resources such as land, water, forests, fisheries and livestock without

7

any discrimination. Where necessary and appropriate, States should carry out land reforms and

other policy reforms consistent with their human rights obligations and in accordance with the

rule of law in order to secure efficient and equitable access to land and to strengthen pro-poor

growth.”

3. Philippine Constitution

In 1987, a new Philippine Constitution was drafted by a Constitutional Commission and

approved in a plebiscite by the people. Several provisions of the 1987 Constitution deal with

agrarian reform. The “Declaration of Principles and State Policies” (Article 2, Section 21) states,

“The State shall promote comprehensive rural development and agrarian reform.”

Section 4 of Article 13 (Social Justice and Human Rights) deals with agrarian reform and

stipulates that “The State shall, by law, undertake an agrarian reform program 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 farmworkers, to receive a just share of the fruits thereof. To

this end, the State shall encourage and undertake the just distribution of all agricultural lands,

subject to such priorities and reasonable retention limits as the Congress may prescribe, taking

into account ecological, developmental, or equity considerations, and subject to the payment of

just compensation. In determining retention limits, the State shall respect the right of small

landowners. The State shall further provide incentives for voluntary land-sharing.”

4) Social Teachings of the Church

The Pontifical Council for Justice and Peace Towards a Better Distribution of Land, in reference

to Agrarian reform (Nov. 1997) states: “As regards property, the social teaching of the church

bases the ethics of the relationship between the human person and the goods of the earth on the

biblical view of the earth as God‟s gift to all human beings; God destined the earth and all it

contains for all man and all peoples so that all created things would be shared fairly by all

mankind under the guidance of justice tempered by charity … we must never lose sight of the

universal destination of earthly goods.” (18 Second Ecumenical Vatican Council, Pastoral

Constitution Gaudium et Spes, 1965,69.)

Pope Paul VI, in Populorum Progressio (1967), in “On the Use of Private Property,” states in

Section 23: “He who has the goods of this world and sees his brother in need and closes his heart

to him, how does the love of God abide in him?” (21) Everyone knows that the Father of the

Church laid down the duty of the rich toward the poor in no uncertain terms. As St. Ambrose put

it: „You are not making a gift of what is yours to the poor man, but you are giving him back what

is his. You have been appropriating things that are meant to be for the common use of everyone.

The earth belongs to everyone, not to the rich.‟” (22) These words indicate that from the point of

view of the Catholic Church the right to private property is not absolute and unconditional.

No one may appropriate surplus goods solely for his own private use when others lack the bare

necessities of life. In short, “as the Father of the Church and other eminent theologians tell us,

the right of private property may never be exercised to the detriment of the common good.”

When “private gain and basic community needs conflict with one another,” it is for the public

8

authorities “to seek a solution to these questions, with the active involvement of individual

citizens and social groups.” (23)

Pontifical Council for Justice and Peace

Towards a Better Distribution of Land

The Challenge of Agrarian Reform (Nov. 1997)

In the social teaching of the Church, the process of the concentration of landholdings is judged a

scandal because it clearly goes against God‟s will and salvific plan, inasmuch as it deprives a

large part of humanity of the benefit of the fruits of the earth.

Perverse inequalities in the distribution of common good and in each person‟s opportunities for

development, as well as the dehumanizing imbalances in individual and collective relationships

brought about by such a concentration, are the cause of conflicts that undermine the very life of

society, leading to the break-up of the social fabric and the degradation of the natural

environment.

Call for Agrarian Reform

The intent of the document, “Towards a Better Distribution of Land: The Challenge of Agrarian

Reform,” is to increase and quicken the awareness of the dramatic human, social and ethical

problems caused by the phenomenon of the concentration and misappropriation of land. These

problems affect the dignity of millions of persons and deprive the world of the possibility of

peace.

Drawing its inspiration from the rich patrimony of the social doctrine of the Church, the

Pontifical Council for Justice and Peace considers it a pressing duty to remind everyone, above

all those with political and economic responsibilities, to undertake appropriate agrarian reforms

in order to set in motion a period of growth and development.

IV. The Comprehensive Agrarian Reform Law

Section 21, Article II of the 1987 Philippine Constitution says that, “The State shall provide

Comprehensive rural development and agrarian reform.”

Section 4, Article XII states that, “The State shall by law, undertake an agrarian reform program

founded on the right of farmers and regular farmworkers who are landless, to own directly or

collectively the lands they till, or in case of other farmworkers to receive a just share of the fruits

thereof…”

In 1998, RA 8532 extended the implementation of CARP for another 10 years – from 1999 to

2008. This was further extended by RA 9700 for another five years – from 2009 to 2014.

CARL provides land to the tiller and a package of support services to farmer beneficiaries.

9

Unlike previous land reform laws, CARL covered all private and public agricultural lands.

Private agricultural lands and some government-owned lands are to be distributed by the DAR

while public agricultural lands are to be distributed by the Department of Environment and

Natural Resources (DENR). Also, all lands whatever the crops planted, were included unlike in

the past when only rice and corn lands were covered. In addition, tenants, regular and seasonal

farmworkers and landless persons can become beneficiaries of land reform. The beneficiaries of

previous land reform laws were limited to tenants. Furthermore, compared to the 15-year

amortization period under PD 27, CARL doubled the payment period to 30.

The law provided three schemes in acquiring the land: through Compulsory Acquisition (CA)

where the government will expropriate the land; Voluntary Offer to Sell (VOS) where the

landowner volunteers to sell his/her land to the government and receive incentives, and

Voluntary Land Transfer (VLT) where the owner and farmers directly negotiate with one another

for the price of the land.

However, CARL provides for just compensation to landowners and give landowners a retention

limit of 5 hectares while his/her children who are 15 years old by June 10, 1988 and directly

tilling or managing the farm an additional three hectares each. Commercial farms were

exempted for 10 years or up to 1998. Big farms were also given the alternative of choosing a

Stock Distribution Option (SDO) where the land would not be subdivided and the workers will

receive stocks and partake of a production- and profit-sharing system.

CARL set up the DAR Adjudication Board to hear all cases involving the implementation of

CARP and other agrarian laws.

CARP’s Performance per Administration

Share of Land

Distribution

CARP

Accomplishment/

Land Distribution

(in hectares)

Share of Land

Distribution

Output

(in percent) *

Years of

Presidency

Annual Land

Distribution

(in hectares)

Corazon Aquino 848,518 19.42 6 141,419.67

Fidel Ramos 1,900,035 43.5 6 316,672.50

Joseph Estrada 222,907 5.10 2.5 89,162.80

Gloria Macapagal-

Arroyo

954,408 21.85 8 119,301

Benigno Aquino II 442,478 10.13 4 110,619.50

Total 4,368,346 100 26.5 178,299.84

10

Issues and Obstacles in CARP Implementation

CARP is a compromise legal instrument. At the first instance, President Corazon Aquino could

have expropriated big landholdings during the short revolutionary period after the downfall of

the Marcos regime. Instead, she waited until a new constitution was enacted and a new

government was formed.

Thus, the resulting law was punctured with issues and obstacles that made it difficult to

implement the CARP, such as the following:

1. Weak governance and lack of political will to implement CARP led to the snail-paced

performance of the Department of Agrarian Reform in the implementation of land

reform. The lack of political will on the part of the government led to the failure to cover

large private agricultural lands owned by national and local government officials and

influential private individuals. The CARL has enough provisions which could have been

used to acquire and distribute the large landholdings but they have not been utilized. If

the government will sincerely use its power, it could mobilize the police and military, as

well as the courts to batter the resistance of big landowners and this would radically

change the rural condition in favor of the landless. To gain the support of Congress and

protect his landowning family, the second Aquino government compromised its agrarian

reform agenda. Many big landowners are also local government officials or influential in

their areas including his relatives and family, Benigno Aquino skirted their lands for

coverage under CARP in order not to antagonize them and push them to the ranks of the

opposition. Thus, current administration pays lip-service to agrarian reform and has no

serious plan to pursue it to the end.

2. No clear cut data on Land Acquisition and Distribution lead to problematic monitoring

and assessment by DAR of Land Tenure Improvement to define levels of

accomplishment and balances.

3. Lack of support services to farmers and farmworkers. Most Agrarian Reform

Beneficiaries (ARBs) are still outside the packaged support service delivery under the

DAR‟s Agrarian Reform Community strategy. Pole-vaulting the support services delivery

program, particularly credit availability, to cover the large majority of ARBs. Most ARBs

obtained credit from moneylenders or interlinked arrangement with traders and contract

buyers (APPC Macro study September 2007, Executive Summary, p.18).

4. The 10-year deferment of coverage of commercial farms, from 1988 to 1998, has resulted

in massive exclusion of legitimate beneficiaries and inclusion of landlord-preferred

beneficiaries. Also during this period, the labor rights of farm workers were compromised

in exchange for profit-sharing schemes that were not fulfilled by the landowners.

5. The provisions VLT, SDO, Agribusiness Venture Agreements (AVAs) and leaseback

have defeated the redistribution aims of CARP to the disadvantage of the farmers. CARP

allowed (AVAs) that became instruments for landlords to reconsolidate their lands.

11

The leaseback schemes allowed lease arrangements in many prime commercial farms for

30 years where the term is renewable and the rent structure is not sensitive to

appreciation of land values.

Under the SDO, where the land would not be physically subdivided, the workers would

receive shares of stocks and a production- and profit-sharing system would be

implemented. SDO spares landowners from redistribution if they convert the value of the

land into shares of tenants in corporations. However, as happened in Hacienda Luisita of

Cojuangco-Aquino family, the value of the land was depressed while the value of non-

land assets was jacked up. As a result, the tenants were left with a minority share, and the

ownership and power structure in the estates remain unchanged.

The VLT scheme allows the landowner to choose the beneficiaries. Landowners can

transfer lands to relatives and favored farmers. They may also entice or deceive entitled

tenants to become “on-paper beneficiaries.”

6. The compensatory provision of CARP allows landowners to delay, if not prevent, land

redistribution by demanding market-based pricing of lands that the government and

ARBs cannot afford to pay.

7. The government itself has reduced the CARP scope through cleansing as shown in the

reduction of targets for land distribution without clear rationale, which in reality excludes

significant volumes of large prime agricultural estates from agrarian reform.

8. The compromise angle also extends to the fragmented application of CARP where the

Autonomous Region in Muslim Mindanao, or ARMM, has been given the mandate to

implement its own agrarian reform in the southern Philippine region. Even if the

government is fully aware that the polity issue with the ARMM is not about CARP but

about the ancestral domain claims of the minority Muslims.

9. The difficulty of installing ARBs in some areas is due to landowner resistance which also

makes it a problem to secure their occupation of their lands. (e.g. in Negros Occidental

and Pampanga provinces). These also lead to cases of EP/CLOA cancellation.

10. Some DAR officials also commit graft and corruption by appropriating for themselves

the budget to support the CARP implementation. There is now a case filed in the

Ombudsman against erring DAR officials.

11. There are strategies and policy directions which run contrary to an equitable, efficient and

effective agrarian reform, namely:

a. There is a push for collateralize the beneficiaries‟ EP/CLOA to raise capital for

farmers, while support service delivery, including credit access as mandated by

CARP, remains very weak and limited. Such collateralization will only hasten

land reform reversals like early foreclosures for awarded land owing to loan

12

defaults by ARBs heavy in debt and deep in poverty, and overnight switching of

legal ownership of awarded lands under illegal mortgages.

b. The promotion of agribusiness with bias in favor of large-scale land holdings and

the absence of land reform in the 10 priorities for the entire term of President

Gloria Macapagal Arroyo as she had proclaimed in her 2004 inaugural speech.

c. Land deals which commit 3 million hectares of agricultural lands, including

CARPable lands and ARC areas, for palm oil plantations.

d. A 2002 policy declaration making VLT the main strategy for land redistribution.

This has not been retracted.

12. Strong landlord resistance and impunity.

There are documented human and land rights violations which involve corporate

impunity and irresponsible investments of business.

There are lands developed into non-agricultural use through land-use conversions

by real estate developers, especially those that are near the urban or town centers

or highways. Based on the data of DAR, applications and approval for land

conversions are concentrated in Central Luzon, accounting for 9,203.88 hectares

as of December 2013, and in Southern Luzon, which accounted for 14,211.49

hectares since 1995. In other urbanizing areas, conversion applications are

increasing specially in Pangasinan, Davao, Misamis Oriental, and South Cotabato.

Conversions have been taking place in Regions 3 (Central Luzon region) and 4-A

(Calabarzon region) – both rice producing areas – where many industrial estates,

residential subdivisions, malls, resorts and golf courses have been built by big real

estate corporations from irrigated agricultural lands. From a farming area of

703,256 hectares in 1991, Region 4-A‟s farming area has been reduced to 588,516

hectares by 2002 due to land conversions.

The business empires in the Philippines that are involved in land use conversions,

especially for real estate purposes, are: GT Capital holdings, SM Investments

Corporation, Ayala Corporation, LT Group, DMCI Holdings and, Alliance Global

Group.

There are also cases of land and resource grabbing all over the country,

specifically in the provinces of Bataan, Laguna, Aurora, Pampanga, Palawan,

Leyte, Antique, Misamis Oriental, Iloilo, and Negros Occidental.

In fact, the Philippines is the second top destination for large scale land

investments with 3.1 million hectares earmarked for palm oil plantation.

13

Use of outright violence through armed goons and security guards, with the

complicity of elements from the police and the military to intimidate, harass,

displace, destroy properties, even kill farmer claimants and ARBs including their

families, is severely the children and the elderly.

Filing of sorts all sorts of charges against ARBs before the courts and the police

immobilizes the farmers from asserting their rights, even cause the unjust

detention of many of them.

The big landlords employ all means to evade, skirt, delay or stonewall the implementation of

CARP and reverse what has been gained by landless farmers.

While the CARP may have been comprehensive with an attempt at inclusiveness irrespective of

ethnicity there are historical circumstances that shows the obstacles to fully realize a genuine

agrarian reform program. Landlessness, either by exclusion, dispossession, displacement or

landowner resistance to CARP, is an injustice. This problem needs to be addressed, whether

within the terms of CARP or under other related policy settings.

Response of the Land Reform Activists

Land right is a human right. In the Philippines, our land rights are enshrined in the Philippine

Constitution. However, it is ironic that even with CARP, the Philippines has one of the highest

inequality index in terms of access to land and resources.

In fact, under the current Aquino administration will leave a legacy of rural unrest, unfinished

agrarian reform with a high level of land grabbing of agrarian lands and landlord impunity.

The following are the Responses of the Land Reform Activists to the Issues and Challenges:

1. Land Occupation in agrarian reform areas by farmworkers and farmers continue (e.g.

Coron, Palawan, being supported by NGOs and other people‟s organizations, including

support for individual agrarian reform cases.

2. Multi-sectoral Group (Save Agrarian Reform Alliance) composed of farmers, women,

labor, youth and all activists convened at the DAR to collectively demand accountability

from the Aquino Administration‟s mangling of the CARPER, which is the successor to

the original CARP.

3. Dialogue and negotiation with the government to push them to finish LTI and to deliver

support services.

4. Networking with regional and international progressive movements to pressure the

government to implement its mandate on AR.

14

5. Building a strong alliance to push for AR (e.g. SARA)

6. Campaign Mechanism:

a. Civil Society Audit of CARP/CARPER

b. File a class suit against corporate land grabbing

7. Conduct training and education, research and discussions on alternative AR models and

strategies on land rights.

8. Initiatives in Congress

a. HB 4296: one-liner amendment bill, Notice Of Coverage (NOC) issuance

extension for another 2 years, until June 30, 2016 (Congs. Paez and Baguilat)

Killer amendments in House Bill 4296:

• 5 hectare retention for each heir of the deceased LOs as of 1 January 2015;

• Exemption of non-irrigable agricultural land adjacent to national highway;

and

• Removal of usufructuary rights of FBs.

b. HB 3745: creation of Agrarian Reform Commission to investigate HR violation

and corruption in the implementation of CARP (Congs. Bag-ao and Robredo)

With these killer amendments, it is useless to extend the Comprehensive Agrarian Reform

Program. Congress has already killed the program by demanding these measures. Thus, the

multi-sectoral group, Save Agrarian Reform Movement, is asking for the full audit of CARP.

We believe that there is enough land to produce food and other crops. However, hunger and

impoverishment persist in the countryside because many people in the rural areas have no access

to private and public lands which they can farm to feed themselves and to produce food for the

market. Many private agricultural lands, especially sugar lands and coconut lands, remain in the

hands of a few influential individuals.

V. Continuing Repression in Agrarian Reform:

There are two important points to emphasize when discussing repression of people fighting and

working for agrarian reform. First, those who suffer repression are not only the men and women

who lead the farmers, but also their families and the entire community. They also include the

activists from farmer federations, NGOs and the Left. Second, repression is a daily occurrence.

From 2001 to 2008, the land justice campaigns that eventually led to the extension of CARP with

reforms, or popularly known as CARPER, as many as 40 farmer leaders and agrarian reform

activists have been killed either by landowners and corporate private armies, the police or

military authorities that have been opposed to the CARP law. Most of the victims of this

15

repression were from the flashpoint areas of the land justice campaigns like the Bondoc

Peninsula, Negros, Iloilo, Davao and Hacienda Luisita.

Another set of killings were perpetrated by Philippine state authorities from 2005 onwards

against activists and leaders of organizations and movements identified with the Communist

Party of the Philippines. Many of them were farmers and activists in the forefront of the radical

land struggle movements.

The other form of repression is captured by the term criminalization. It refers to acts of

landlords, corporate landgrabbers, and state authorities (LGUs, police and military) to fabricate

and file criminal charges against farmer leaders and political and NGO activists fighting and

working for agrarian reform. Hundreds of cases of theft and trespassing were filed by the big

landowners in the Bondoc Peninsula against members of the Kilusan ng Magbubukid sa Bondoc

Peninsula (KMBP) who have been asserting their right to harvest their coconuts despite landlord

injunctions and employment of goons. Another example are the hundreds of physical injury and

attempted murder cases brought against agrarian activists who have tried to defend themselves

against the violent assaults of landlord and corporate goons. There are trumped up murder

charges, the most notable of which at present is the case of Apung Tony Tolentino who leads the

fight of farmers and residents of Hacienda Dolores in Porac, Pampanga, against the corporate

land grabbing of Ayala Land and its partner land developer in the area.

There are daily and widespread forms of repression and harassment by landlord or corporate

goons and police authorities in their pay. Displaying high powered firearms, these goons and

policemen make routine threats against farmer leaders and their families and the communities in

general. Their mere presence sometimes create a chilling effect on the readiness of the people to

fight for their agrarian and civil and political rights.

These harassments are all on top of the long entrenched control mechanisms exercised by

landowners over the tenants and farm workers like indebtedness, favors granted to exact “utang

na loob”, or debt of gratitude, kinship ties and the like which they use against the farmers

whenever agrarian disputes come up.

More aggressive corporate land grabbing by national and regional real estate capitalists and

stonewalling by big landlords has become the trend after the expiry of the land coverage

provisions of CARPER in June 2014 and the broad consensus of the ruling elites to diminish

land reform as a government priority under the current landlord- and corporate-led Aquino

administration. This is the political atmosphere which strengthens the resolve of local landed and

corporate interests in every fight against the land justice campaigns.

Strategies to combat repression:

The new situation needs an integrated local-national-international campaign even regarding local

cases. The campaign must combine effective shaming, mass pressure and good legal arguments

and tactics. Therefore, the really useful strategy against repression, both locally and nationally, is

an integrated struggle.

16

The use of the case referral system which requires the state prosecutors to remand automatically

to the DAR the criminal cases brought before them by landlords in connection with agrarian

conflicts. This has helped the farmers on many occasions by giving time to peasant

organizations to build up strength and put pressure on DAR and DENR and avoid the detention

of peasant leaders. Cases filed by landlords against peasant leaders are meant to immobilize to

prevent them from actively and effectively leading the farmers‟ struggle. But this is only

temporary since DAR and DENR are under strong pressure and some of their officials can be

bribed by vested interests.

Advocacy through the media and dialogues with the government at local or national levels,

which may include the police and the military, can help but it will never suffice. The Philippine

State functionaries from the national down to the local levels are captives of landed and

corporate elites. This is the unadulterated conclusion one can only derive from the more than 27

years of land justice struggle under the post-Marcos state. State authorities will entertain, will

look at the cases with seeming sympathetic eyes and manners but they will always have their

ears close to the powerful class interests and their representatives in government – Malacanang,

the Congress and the courts.

Lessons from Agrarian reform history shows that first, agrarian reform has been used primarily

as an instrument to crush insurgency particularly in the countryside rather than as instrument to

make life better for all peasants; second- agrarian reform laws have been crafted as a

compromise legal instrument rather than as a reform policy; and third- agrarian reform

implementation is dependent on the political will and behest of the ruling elite.

Thus, lessons of the past point to a campaign that is an integrated struggle anchored on a strong

and militant peasant organization. There is no substitute for this. But such grass-root base must

be complemented by a national and local struggle that employs network mobilization from the

people‟s organizations, the Church, the media, the academe, and allies in government and the

military, mass mobilizations at government offices supplemented by dialogues and tough

negotiations, and international support from development partners and progressive and Left

political parties and movements and individuals.

Networking with and mobilization of the media at the local, national and international levels is

equally important and it must be done as well with increasing effectiveness. The need for

consistent and professional work is a must.

17

VIII. REFERENCES:

“Agrarian Reform in the Philippines, Status and Perspectives for 1998 and Beyond.” by Rachel

Polistico, et al, p. 16

“Agrarian Reform: The History of Agrarian Struggle.” AKBAYAN Platform

“CARP at 18: Vying for More Time.” by the Philippine Legislators Committee on Population

and Development Foundation, series 2007

“AR in Coconut Areas: Development Prerequisite.” by Menchie Obanil, FARM Bulletin issue 2

2007, published by Centro Saka Inc.

“Land Reform ridden with Loopholes.” by Luz Rimban, July 13, 2004, Land Research & Action

Network website

“Land, Life & Justice: The Challenge of Agrarian Reform in the Philippines.” June 30, 2006,

Partnership for Agrarian Reform & Rural Development Services

Index of Agriculture and Fishery Statistics, National Statistics Office website

Acts and Decrees of the 2nd

Plenary Council of the Philippines, Part III, 1991

Azar, E. 1990, 1991, in Ramsbotham, Woodhouse & Mial (2006). Contemporary Conflict

Resolution. Cambridge: Polity Press, pp. 84-89.

Balisacan, A. 2006. “Why does poverty persist in the Philippines? Facts, fancies and policies,” a

paper presented at the Whither the Philippines in the 21st Century? Conference on the

Philippines, Institute of Southeast Asian Studies, Singapore, 13-14 July 2006.

FAO. 2005. Gender and Land: Compendium of Country Studies. Rome: Food and Agriculture

Organization, Gender and Natural Resources Management, 2005.

FAO: Voluntary Guidelines

Griffin, K. 2001. Poverty and Land Redistribution: Cases of Land Reform in Asia, in Morales,

H. and

FIAN Report, Access to Land and Productive Resources, S.N. Suarez.

___________, __.Agrarian Reform for Broad-based Rural Growth, Sustaining and Enhancing

CARP Gains, 2008.

Hipolito, R. Agrarian Reform in the Philippines, 2008.

Hossay, P. Unsustainable: A Primer for Global Environment and Social Justice, 2006.

18

International Comment on Economic, Social and Cultural Rights (ICESCR)

Republic Act 6657: The Comprehensive Agrarian Reform Program, 1988

Reyes, R. Church and Agrarian Reform in the Philippines, 2008.

Social Teachings of the Catholic Church, Pope Paul VI, Populorum Progressio, 1967

Thiesenhusen, W. 2002. “Poverty Amidst Plenty,” in Morales, H. and Putzel, J. et al (2001.

Power in the Village. Quezon City: Project Development Institute. Pp 39-54.

“Twenty Years of CARP: A FULFILLED PROMISE OR A COMPROMISE DEAL?” by Aurea

M. Teves, September 2008.