The 1987
Philippine Constitution
Article 13
Social Justice and Human Rights
(R.A. 6657-Comprehensive Agrarian Reform Program)
Constitution of the Philippines
the supreme law of the Philippines
democratic and republican State
enacted in 1987, during the administration of
President Corazon Aquino, and is popularly known as the
"1987 Constitution”.
The Constitution is divided into 18 parts, excluding the
Preamble, which are called Articles.
Social Justice and Human Rights
refers to the idea of creating a society or institution that is
based on the principles of equality and solidarity, that understands
and values human rights, and that recognizes the dignity of every
human being.
based on the concepts of human rights and equality and
involves a greater degree of economic
egalitarianism through progressive taxation, income redistribution,
or even property redistribution.
Aim
to achieve what developmental economists refer to as
moreequality of opportunity than may currently exist in
some societies.
to manufacture equality of outcome in cases where
incidental inequalities appear in a procedurally just
system.
Preamble
We, the sovereign Filipino people, imploring the aid of Almighty
God, in order to build a just and humane society and establish a
Government that shall embody our ideals and aspirations,
promote the common good, conserve and develop our patrimony,
and secure to ourselves and our posterity the blessings of
independence and democracy under the rule of law and a regime
of truth, justice, freedom, love, equality, and peace, do ordain
and promulgate this Constitution.
Article XIII – Social Justice and Human Rights
Labor
Agrarian and Natural Resources Reform
Urban Land Reform and Housing
Health
Women
Role and Rights of People's Organizations
Human Rights
Comprehensive Agrarian Reform Program
a Philippine state policy that ensures and promotes welfare of
landless farmers and farm workers, as well as elevation of social justice and
equity among rural areas.
CARP was established by the Comprehensive Agrarian Reform Law of
1988 (CARL).
aimed for a nation with equitable land ownership and empowered
agrarian reform beneficiaries while, at least, improving social lives.
enacted by the 8th Congress of the Philippines and signed by Aquino on
June 10, 1988.
Objective
To successfully devise land reform in
Philippines.
To improve the economic and social status of
the beneficiaries of land reform in Philippines.
Objectives of Agrarian Reform - Political
to put an end to conflicts pertaining to land ownership.
to bring about harmony between the rural people and the urban
residents.
bringing stability in the political set up of the country.
Objective of Agrarian Reform - Social bringing about equality in terms of opportunities, income as well as wealth.
Objectives of Agrarian Reform - Economic Enhancing agricultural production
Enhancing agricultural productivity
Bettering capital formation
Providing employment to more agricultural workers
Enhancing demand for raw materials and services
Improving balance of payments by facilitating export activities
Trying to increase production at home so that imports do not have to be
relied upon.
Enhancing cooperation as well as regulation between agricultural sector
and the non agricultural sector.
CARP Major Feature
It provides for the coverage of all agricultural lands regardless of crops
produced or tenurial status of the tiller;
It recognizes as beneficiaries of the program all workers in the land given
that they are landless and willing to till the land;
It provides for the delivery of support services to program beneficiaries;
It provides for arrangements that ensure the tenurial security of farmers
and farm workers such as the leasehold arrangement, stock distribution
option and production and profit sharing; and
It creates an adjudication body that will resolve agrarian disputes.
R.A. 6657 Beneficiaries all agricultural lessees share tenants regardless: crops regular farm workers seasonal farm workers other farm workers farmer’s organization cooperatives
agricultural graduates rural women veterans and relatives of enlisted men and women retirees of the AFP and the Integrated National Police rebel returnees and surrenderees
Qualifications of an Agrarian Reform Beneficiaries
a. be landless;
b. be at least 15 years old or head of the family at the time the property was
transferred in the name of the Republic of the Philippines; and
c. have the willingness, ability and aptitude to cultivate the land and make it as
productive as possible. (Sec. 23, RA 6657)
Note: Items (b) and (c) above are meant to ensure that the recipients of the land
will judiciously use it and make it a productive agricultural land
Components of CARP
Land Tenure Improvement
Program Beneficiaries Development
Agrarian Justice Delivery
Principles of CARP highest consideration to the welfare of the landless farmers and farm
workers
due regard to the rights of landowners to just compensation
recognition of the rights of farmers, farm workers, landowners, cooperatives,
and other independent organizations to participate in the planning,
organization, and management of CARP
provision of support to agriculture through appropriate technology and
research
provision of adequate financial, production, marketing, and other support
services
CARP IMPLEMENTING AGENCIES Department of Environment and Natural Resources (DENR)
Department of Agriculture (DA)
Land Bank of the Philippines (LBP)
Land Registration Authority (LRA)
Department of Public Works and Highways (DPWH)
National Irrigation Authority (NIA)
Department of Trade and Industry (DTI)
Department of Labor and Employment - Bureau of Rural Workers (DOLE-BRW)
Scope of CARP
The ownership or control of about 10.3 million
hectares of agricultural land, representing about one-third
of the total land area of the Philippines, shall be transferred
over a ten year period to an estimated 3.9 million
beneficiaries.
Lands Covered by CARP
all alienable and disposable lands of the public domain devoted to
or suitable to agriculture;
all lands of the public domain in excess of the specific limits as
determined by Congress;
all other lands owned by the government devoted to or suitable to
agriculture; and
all private lands devoted to or suitable to agriculture regardless of
the agricultural products raised or that can be raised therein. (Section
4, RA 6657)
Lands Not Covered by CARP those which are not suitable for agriculture, and those which are classified as
mineral, forest, residential, commercial or industrial land;
those which have been classified and approved as non-agricultural prior to 15
June 1988 as ruled under Department of Justice Opinion No. 44, Series of 1990;
those which are exempt pursuant to Sec. 10, RA 6657;
those which are devoted to poultry, swine, or livestock raising as of June 15,
1988 pursuant to the Supreme Court ruling on Luz Farms vs. The Honorable
Secretary of Agrarian Reform (G.R. No. 86339, 4 December 1990); and
those which are retained by the landowner (not covered insofar as land
acquisition and distribution but covered with respect to other provisions,
particularly leasehold)
Lands Exempted by CARP Coverage Lands actually, directly, and exclusively used and found to be necessary for
parks, wildlife, forest reserves, reforestation, fish sanctuaries and breeding
grounds, watersheds and mangroves, national defense, school sites and
campuses including experimental farm stations operated by public or private
schools for education purposes, seeds and seedlings research and pilot
production centers, church sites and convents appurtenant thereto, mosque
sites and Islamic centers appurtenant thereto, communal burial grounds and
cemeteries, penal colonies and penal farms actually worked by the inmates, and
government and private research and quarantine centers; and
Lands with eighteen percent (18%) slope and over, except those already
developed as of 15 June 1988. (Sec. 10, RA 6657)
Proof of Ownership given to Beneficiaries
a. Emancipation Patents (EPs) for OLT lands;
b. Certificate of Land Ownership Award (CLOAs) for CA, VOS, and EO 407
lands, resettlement areas and landed estates; and
c. Free Patents for public lands.
Note: Beneficiaries of the Integrated Social Forestry Program covering agro-
forestry public lands whose ownership cannot be transferred, received
Certificates of Stewardship Contract (CSCs) which are good for 25 years,
renewable for another 25 years.
Department of Agrarian Reform
the lead implementing agency of CARP.
undertakes land tenure improvement and development of program beneficiaries.
conducts land survey in resettlement areas.
undertakes land acquisition and distribution and land management studies.
orchestrates the delivery of support services to farmer-beneficiaries and
promotes the development of viable agrarian reform communities.
References
•http://en.wikipedia.org
•http://1987-philippineconstitution.blogspot.com
•http://unpan1.un.org/intradoc/groups/public/documents/apcity/unpan005112.pdf
•http://www.dar.gov.ph/
•http://www.dar7.net.ph
•http://www.economywatch.com
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