The Constitution, 1987: Article II, Section 21:
"The State shall promote comprehensive rural
development and agrarian reform" It provided a
basis for the formulation of the Comprehensive
Agrarian Reform Program (CARP)
Art XIII, Sections 4, 5, 6, 8
Ramon Magsaysay (1953-1957) enacted the
following:
Republic Act No. 1199 (Agricultural Tenancy Act
of 1954) -- governed the relationship between
landowners and tenant farmers by organizing
share-tenancy and leasehold system. The law
provided the security of tenure of tenants. It
also created the Court of Agrarian Relations.
President Diosdado P. Macapagal (1961-1965)
enacted the following law:
Republic Act No. 3844 of August 8, 1963
(Agricultural Land Reform Code) -- Abolished
share tenancy, institutionalized leasehold, set
retention limit at 75 hectares, invested rights of
preemption and redemption for tenant farmers,
provided for an administrative machinery for
implementation, institutionalized a judicial
system of agrarian cases, incorporated
extension, marketing and supervised credit
system of services of farmer beneficiaries.
The RA was hailed as one that would
emancipate Filipino farmers from the bondage
of tenancy.
President Corazon C. Aquino (1986-1992)
The Constitution ratified by the Filipino people
during the administration of President Corazon
C. Aquino provides under Section 21 under
Article II that “The State shall promote
comprehensive rural development and agrarian
reform.”
On June 10, 1988, former President Corazon C.
Aquino signed into law Republic Act No. 6657 or
otherwise known as the Comprehensive
Agrarian Reform Law (CARL). The law became
effective on June 15, 1988.
Republic Act No. 6657, June 10, 1988
(Comprehensive Agrarian Reform Law) – An act
which became effective June 15, 1988 and
instituted a comprehensive agrarian reform
program to promote social justice and
industrialization providing the mechanism for its
implementation and for other purposes. This
law is still the one being implemented at
present.
RA 9700
August 7, 2009
AN ACT STRENGTHENING THE COMPREHENSIVE
AGRARIAN REFORM PROGRAM (CARP),
EXTENDING THE ACQUISITION AND
DISTRIBUTION OF ALL AGRICULTURAL LANDS,
INSTITUTING NECESSARY REFORMS, AMENDING
FOR THE PURPOSE CERTAIN PROVISIONS OF
REPUBLIC ACT NO. 6657, OTHERWISE KNOWN
AS THE COMPREHENSIVE AGRARIAN REFORM
LAW OF 1988, AS AMENDED, AND
APPROPRIATING FUNDS THEREFOR
President Marcos enacted the following:
Presidential Decree No. 27, October 21, 1972 --
Restricted land reform scope to tenanted rice
and corn lands and set the retention limit at 7
hectares.
DISPUTE RESOLUTION MECHANISM
Dispute between TENANTS and LANDOWNERS
- DAR Adjudication Board
09/03/2022
LAND REFORM
- redistribution of land for the benefit of
the small landowners or agricultural
workers
AGRARIAN REFORM
- much broader concept, as it
encompasses land redistribution, not
limited to land distribution but rather
involves the improvement of life of the
man who tills or works on the land, and
the opportunity of that person to have
ownership of the redistributed land
given to that person
End goal of Agrarian Reform
1. Efficient Production
2. Equitable Distribution – right of the
farmer to own the land they till
3. Just share of farmers in the fruits of
the land
What kind of agricultural lands come under the
scope of agrarian reform?
- All public and private agricultural lands.
Are lands devoted to livestock, poultry, or
swine under the CARP?
- No.
Read: Luz Farms vs. Secretary of DAR, 1990
Is Agrarian Reform a way of depriving the land
owners of their land and make it available to
the landless farmers?
- No, it is not the intention of the law.
Because the objective of AR is not to
make land owners landless; in fact, they
also have retention right: that the land
owners who have agricultural lands is
not entirely deprived of the land, but
there is RETENTION of at least 5
hectares of agricultural lands.
Was the CARP enacted thru the exercise of
police power of the state or pursuant to the
power of eminent domain?
09/10/2022
Is the Comprehensive Agrarian Reform Law an
exercise of PP or PED?
- Both. It is an exercise of PP to the
extent that the law prescribes a
retention limit to the land owners. In
that aspect, RA 6657, as amended, is in
effect an exercise of PP. It is an exercise
of PED because it expropriates a land to
the extent that land owners are
deprived of their land in excess of the
retention limit (land owners who own
agricultural land, kinukuha ng gobyerno
yung excess doon).
HISTORY
Encomiendas – big trunks of land considered as
award to Filipinos (land given to natives by
kings)
Encomienderos – hacienderos
Spanish Time – kung san abot paningin mo, yun
ang lupa mo. That’s why nagkaroon ng Torrens
System.
Torrens System – provided for registration of
land and titling of the property. It became a
failure because some people failed to avail of
this program because they remain ignorant of
the torrens system. If you want to avail, too
expensive—cost of survey, registration,
attorney’s fees.
Republic Act No. 1199 (Agricultural Tenancy Act
of 1954) – enacted during time of Pres.
Magsaysay. Regulated tenancy relations.
Mandated the fixing of rentals on tenanted
lands. Fixed sharing either 50-50 or 70-30 basta
may percentage of sharing. Tenants were no
longer considered as mere tenant but given a
recognition as partner in community
development—like a farmer, worker. “Uplift the
status or life”
- PURPOSE:
1. To establish an agricultural tenancy
relations based on social justice
2. To afford protection both to land
owners and tenants
3. To ensure equitable distribution of
the produce
4. To provide tenants incentives for
greater production
5. To improve the economic and
socio-civic status of the tenants
In 1955, another law was enacted to address
the plight of the tenants.
 CLL, subject is urban property
2. As to Cultivation:
 AL, it is required that there has
to be a personal (or by
immediate member of
household) cultivation by the
agricultural lease
 CLL, no need of cultivation or no
need for the leasee to work on
the property.
3. As to Purpose:
 AL is for agricultural production
 CLL is for any legal purpose.
4. As to Governing Law:
 AL, Agrarian Laws govern the
relationship between a land
holder and the lease holder
 CLL, the Civil Code.

Republic Act No. 3844 of August 8, 1963

(Agricultural Land Reform Code) – law enacted
during the time of Pres. Diosdado Macapagal.
Still a very good law. Under this, it defined the
two most common tenurial arrangement
(system of relationship between land owner
and tenant) which are:
1. Share Tenancy – land owner and tenant
shares with the produce of the land
2. Leasehold Arrangement – there is no
longer sharing, but there is a contract
between the land owner and the tenant
(contract is, tenant will pay a rent/lease
to owner of the property)
The most salient provision of this law is the
abolishment of the Share Tenancy because law
says that it is against public policy. It is very
clear that there is a specific provision which
explicitly provides that Share Tenancy is against
public policy. What is existing now is the
Leasehold Agreement (tawag na ngayon sa
tenant ay agricultural leasee).

What is the difference between an Agricultural

Lease from a Civil Law Lease?
1. As to Subject Matter:
 AL, subject is agricultural land