3 March Speech of Rep. Risa Hontiveros on CARPER

Mr. Speaker, I rise on a question of personal and collective privilege.

Before anything else, I would like to mention the farmer leaders who are with us today. They, together with their 160 fellow farmers, marched to Manila to call on us, their representatives to finally enact House Bill 4077 and extend the funding for and reform the Comprehensive Agrarian Reform Program. Binabati ko sina Birhilda San-ahan and Quirico Ligmon from Sumilao, Bukidnon; Anita Nobleza from Banasi, Bula, Camarines Sur; Glenn Malaluan of Task Force Baha and Talibayog from Calatagan, Batangas; Kapitan Mario Patriarca from Brgy. Sastre in Gumaca, Quezon; Villamor Galangera from Odionga, Romblon; and Merceditas Santos of Task Force Masagana Recovery from Bulakan, Bulakan.

When we closed our session on December 17, 2008, a few days before Christmas and a few days before the expiration of the funding for land acquisition and distribution, we passed the monstrosity that is Joint Resolution 19 – now Joint Resolution 1. We failed to pass House Bill 4077, the law that would have guaranteed funding for land acquisition and distribution post 2008 and incorporated significant reforms. Instead, we took away compulsory acquisition and made agrarian reform optional.

AKBAYAN has said it before, and AKBAYAN will say it again: VOLUNTARY LAND REFORM IS DEAD LAND REFORM.

When I explained my NO vote to Joint Resolution 19 last year, I warned that in doing what we have done, we have managed to decimate an entire class. But we did not know at the time that the consequences of our actions would be felt so soon on the ground. And the decimation of the ranks of our farmers would come so rapidly.

Soon after the enactment of the Joint Resolution, the Department of Agrarian Reform issued DAR Memo 09-01804, which directs its field operations staff and personnel to, and I quote, “defer the processing of compulsory acquisition including those landholdings in the pipeline, and survey activities for CA until further notice.”

Those who voted YES to Joint Resolution 1 gave long-winded justifications on their vote. From our first Joint Resolution to the second, we said we were doing it to “perfect” the law, and give ourselves more time to study proposed amendments to the program.

Well, Mr. Speaker and colleagues, let us see what took place on the ground during this so-called “study period.”

In the island of Sicogon, under the Municipality of Carles, Iloilo, the powerful corporation Sicogon Development Corporation (SIDECO), which has been setting its sights on the beautiful island of Sicogon for more than a decade, rounded up all the villagers in late 2008 for a meeting. Ignoring the most basic concepts of law and human rights, it declared a “Huwes de Kutsiyo” and threatened physical harm and even death on those who dared go against the proposed Sicogon Island Resort Complex of SIDECO. This resulted in an orgy of violence, including the destruction of a training center, the razing to the ground of a shanty of a farmer-beneficiary, the demolition of the house of farmer-leader Amelia de la Cruz. Right after the declaration of “Huwes de Kutsiyo”, the remains of Thelma Padios, a farmer beneficiary from Sicogon, was discovered with multiple stab wounds and burns on her face and body, and her private parts desecrated

Lives, houses and livelihood were lost because the farmers were protecting 334 has. of the property declared by the Department of Agrarian Reform as agricultural land. SIDECO filed an exemption case, claiming the entire 800 hectares as theirs for the taking, to be made into a resort. To date, no resolution of the case by the Regional Director is forthcoming. Worse, in June 2008 last year, after we passed our first Joint Resolution, a Judge in Barotac Nuevo handling the injunction case filed by Sicogon against the DAR to prevent acquisition decided to archive the case on the curious ground that there is no reason to discuss the case because CARP had expired.

Shaken but with heads unbowed, one hundred peasant families voluntarily evacuated the island to seek refuge and protection from the government and the Catholic Church. Early this month, 312 farmers launched their “Exodus for Land, Life and Dignity” to condemn the oppressions they have suffered in the hands of SIDECO.

And indeed, in other areas in the Philippines, this Resolution is being brandished like a scythe, used as a weapon by resolute landowners eager to protect their crown jewels and grateful for this new policy regime of voluntary land reform.

In Ormoc, owners of big landholdings—which have already been covered under the CARP and even distributed to farmer beneficiaries- have become more emboldened by Joint Resolution 1 to harass farmers and deprive them of their rights. In Barangays Donghol and Mahayag, a former landowner blocked the main roads leading to the farms to prevent the farmers from transporting their produce to and from the millers and the market. Because of this, their families cannot eat nor sell their own palay and other crops. In other cases, the millers receive the palay and tubo from the farmers and then refuse to mill or even return these to the farmers. The former landowners assert that the lands where these were harvested do not belong to the farmers and cannot be theirs anymore, because CARP is already dead.

Most of the landowners in Ormoc have withdrawn their voluntary offers to sell their land. And those whose lands have already been distributed under CARP are gearing to reverse the gains in the past, saying assuredly even to the local police, “Kahit may titulo pa ang mga iyan, e wala na namang CARP. Wala na silang karapatan sa lupa,” as if the previously distributed lands have suddenly become fair game again.

In Davao, Joint Resolution 1 has facilitated the landowner’s circumvention of the constitutional mandate for the redistribution of land to the landless farmers. Former Supreme Court Justice Leo Medialdea’s 53-hectare Estate in Kiblawan, Davao del Sur has been identified for CARP coverage since 2003. However, the landowner allegedly opted to voluntarily offer the land for sale (VOS) to at least 30 potential farmer beneficiaries in order to veer away from CARP’s compulsory acquisition (CA) mode. Six years had passed and yet the VOS process has not been commenced by the landowner and neither has the DAR initiated the sale. Worse, with the issuance of Joint Resolution 1 by Congress late last year, the landowner is no longer interested to voluntarily offer the land to the farmers, and neither can the property be compulsory covered under CARP for lack of budget.

There are many more stories of the same plot. In Rizal, farmer-leaders receive texts from Provincial Agrarian Reform Officers, telling them that nothing they do can convince the DAR to continue redistribution of landholdings. In Pangasinan, MARO’s admit to the belief that CARP has expired and is beyond resuscitation. In Sorsogon, we have gotten word that landowners are now withdrawing their Voluntary Offers to Sell and Voluntary Land Transfers. In Bondoc Peninsula, survey activities are being halted, pursuant to the DAR Policy Directive, and the harassment and criminalization of farmer-beneficiaries are intensifying. In mauban, Catanauan and Gumaca, Quezon, criminal cases were filed against farmers and no action for the coverage of these landholdings has been initiated by the DAR.

As I speak, farmers from all parts of the Philippines are once again making their way to our chambers on foot, bringing with them the voices of the countryside that rings louder and louder each day with the indignation of the unheard and the anger of the righteous. Farmers from Sumilao and Banasi are walking on foot once more to stand in solidarity with other farmers of the country whose cases have not yet been resolved. The farmers in Calatagan once more make their voices heard, refusing to live in fear that their agricultural lands will be snatched away by a mining corporation.

Under our watch, the lives, land and dignity of millions and millions of peasants have suffered the most serious affront in twenty years. Under our watch, their ranks are being decimated, and lands rightfully theirs are being snatched from them. Under our watch, the gains of the agrarian reform program are being frittered away.

Our farmers want only one thing, Mr. Speaker: they want a new CARP law that truly reflects realities on the ground and is faithful to the mandate of the Constitution. Just last week, we created the Speaker’s Special Panel on Agrarian Reform. How do we explain to our farmers that, in answer to their travails on the ground, our solution is to create yet another layer in the bureaucracy, yet another Committee?

This Special Committee should not be used as an excuse to delay further the main task of this House that is to subject HB 4077 to a plenary vote. This committee, if the intention is to consolidate both proposals for a speedier passage of the CARPER bills should –as the Speaker announced in the media – work even during recess so that any perfecting amendments can already be incorporated and immediately subject the same to the plenary for deliberation and approval. Let me emphasize that the special committee should not be used to further desecrate the goals of the agrarian reform program.

I call on all of us today to stand on their side. I implore my colleagues who voted for Joint Resolution 1 to rethink the wisdom of what they have done on the night of December 17, 2008. Let us bring Compulsory Acquisition back to where it should be: right in the center of the agrarian reform program promised by the 1987 Constitution. The deadline of Joint Resolution 1 is once more approaching, and no plenary hearings have yet been set for House Bill 4077, this despite the fact that we justified the Joint Resolution as a means to better study CARP and debate it on the floor.

AKBAYAN continues to call for the passage of House Bill 4077 and the return of Compulsory Acquisition. Let us not be a passive observer to the struggles taking place on the ground, and by our inaction and callousness allow further violations in all contentious agrarian reform areas in the country.

For the farmers of Sicogon and for all farmers in this country – and indeed for a CARP Law with Compulsory Acquisition and responsive reforms -- AKBAYAN continues to stand.

Thank you.

March 3 update on Lupang Hinarang Lupang Hinarang Farmers' Pilgrimage for CARPER

By Atty. Kaka J. Bag-ao

The CARPER pilgrimage is now in Manila!

Yesterday (2 March), as early as 6:00 in the morning and even without having breakfast, the pilgrim-farmers started their day’s walk with full of excitement and enthusiasm. They all knew that a few more steps will soon lead them to Manila.

When they reached Muntinlupa, one bread vendor approached one of the farmers and gave 5 plastics of bread and said “maliit na kontribusyon ko sa pakikipaglaban nyo” (my small contribution to your cause). The farmers were moved by this gesture. On behalf of the 160 farmers, one of them immediately hugged the vendor and whispered “Salamat Bay” (thank you my friend).

The pilgrim-farmers continued their journey. While walking, SPO1 Vega of Muntinlupa PNP approached the farmers and informed that it’s the Mayor’s birthday and the farmers need to re-route. He explained that the alternative route has the same distance and will likewise lead them to their destination. Without any second thought, the farmers accommodated the suggestion of the said police officer. They continued walking and the Muntinlupa police officers escorted the farmers all throughout the Muntinlupa leg. The former facilitated the smooth walk of the farmers and arranged the traffic as well.

In the previous days, the farmers struggled to endure the heat of the sun. Yesterday, however, they walked under the pouring rain. But that did not dissipate their commitment to reach their target for the day.

They reached Mary Mother of God Parochial School soaking wet. They had breakfast and rested for a while. After regaining strength, they proceeded with their walk until they reached Cathedral of St. Andrew in Paranaque at 3:00PM where they had late lunch. At the cathedral, Monsignor Manny Gabriel, the parish priest and Monsignor Greg Ramos, SAC Director, welcomed and attended the needs of the pilgrim-farmers.

The farmers likewise went to Our Lady of Perpetual Help in Baclaran where they were blessed by Father Frank Pigeon, superior priest of Baclaran Church Community. The farmers maximized the opportunity to roam around the vicinity of the church and asked the people to sign the CARPER petition. Before they left, they all feasted with the snacks prepared by Father Ventoriano Cueto.

Then they continued walking and reached De La Salle University (DLSU) where they were warmly welcomed by the university with its cheering squad, and the St. Benilde Band chanted the pilgrim-farmers’ calls. Hundreds of students likewise cheered while the farmers approached the university. Aside from DLSU, students from ST. Scholastica and some representatives from the Philippine Alliance of Human Rights Advocates (PAHRA) were also present and cheered upon the arrival of the pilgrim-farmers. The ambiance was really overwhelming and the farmers felt affirmed and happy.

Despite the long walk (38 kilometers), the farmers still found time to interact with the students who listened to them intently.

A mass entitled “Misa sa Makatotohanang Repormang Agraryo” (Mass for Genuine Agrarian Reform) was celebrated in the chapel of the university.

The pilgrim-farmers settled and rested at the La Salle Sports Complex.

March 2 updates on Lupang Hinirang Lupang Hinarang Farmers' Pilgrimage for CARPER

by Atty. Kaka J. Bag-ao

Yesterday (March 1) was the first day that the Sumilao farmers, Banasi farmers, Calatagan farmers, farmers from Don Carlos in Bukidnon, Davao del Sur, and Agusan del Norte walked together in their bold campaign for CARPER after they converged in front of Rizal’s house in Calamba Laguna last Saturday (28 February).

Thus, from the bare 50 pilgrim-farmers who left Sumilao, Bukidnon last February 11, they now number more than 160. Their increase in ranks speak well of the gravity of their campaign for CARPER, such that the support they have been receiving from the parishes, schools, local government units, even by-standers and commuters continued pouring.

From the St. John the Baptist Church in Calamba, they started their yesterday’s walk towards San Pedro, Laguna at 4:00 a.m. Thus, as they woke up as early as 2:00 a.m., drank coffee, said their prayer, and after they stretched their tired but still willing bodies, they trekked the 28 kilometer distance going to San Pedro.

Around 7:00 am., they rested and ate their breakfast in front of the Nestle plant in Cabuyao, Laguna. Just as soon as they finished eating, they immediately resumed their walk to escape the conquering heat that could slow down their pacing.

Having started to walk early, and doubling their usual pace, they arrived at the Poblacion of San Pedro Laguna at 11:30 a.m. As they entered San Pedro, the public was reminded of the spectacle they witnessed the year before when the Banasi farmers walked passed their place, and even the year before that when the Sumilao farmers also passed by their place.

The pilgrim-farmers stayed at the covered court of San Pedro, Laguna. At 12:00 noon, the Social Action Center (SAC) of San Pedro brought them lunch. They spent their afternoon attending to personal reflection. At 5:00 p.m., they attended the mass celebrated at the parish church of San Pedro. And once again, they gathered more signatures for the citizens’ petition for CARPER from the parishioners.

After they ate their dinner, they spent the night for planning and strategizing especially that they are about to enter Manila. It was the first occasion where all the pilgrim-farmers and their support group met and planned the direction of the pilgrimage for CARPER upon their arrival in Manila.

March 1 updates on Lupang Hinirang Lupang Hinarang Farmers' Pilgrimage for CARPER

by Atty. Kaka J. Bag-ao

The pilgrim-farmers started their day earlier than usual. They woke up at 2:30 a.m. and after warming their stomach with hot coffee, started to walk as early as 5:00 am. They had a long way ahead since they intend to reach Calamba, Laguna, a 35-kilometer walk from San Pablo City.

Around 7:00 a.m., they arrived in Calauan, Laguna and decided to eat their breakfast graciously prepared by the Social Action Center of San Pablo City. After taking breakfast, they proceeded with their walk and arrived in San Isidro Cathedral Church at 10:00. While they were in the church, the parish priest offered them snacks which they took with delight.

From San Isidro Cathedral Church, they walked again and arrived in the San Agustin Parish in Bay where they were welcomed by Fr. Jessi Homosierra, Jr. It was in San Agustin that they ate their lunch.

Despite the long distance they still have to cover, they took a longer rest in San Agustin Parish burning the heat of the sun seemed to take over them. For Manong Nelson Nullas, the farmer leader of KAMMPE in Agusan del Sur the heat worsened his toothache. Likewise, the heat was too much for Manang Hilda San-ahan who already had swollen limbs because of arthritis.

Thus, despite their protestation, they were strongly advised to be in the jeep that carried the belongings of the pilgrim-farmers after being made to understand that they might not be able to make it to Manila if they force themselves to walk.

The burning heat of the sun forced the pilgrim-farmers to take four stop-overs. But they finally arrived in Calamba at 5:00 p.m. where the Calatagan farmers had been waiting for them.

There was a feeling of euphoria when the pilgrim-farmers symbolically converged in front of Rizal’s house in Calamba. They embraced, exchanged pleasantries, and chanted “Tuloy ang Laban!”

After the emotional meeting, they proceeded to St. John the Baptist. At 6:30 p.m., they attended the mass. After the communion, Yoyong Merida of the Sumilao farmers explained to the parishioners the essence and purpose of the pilgrimage. The pilgrim-farmers received the blessings after the mass. More people signified their support for CARPER by signing the citizens’ petition for CARPER.

Thereafter, they ate their dinner at the hall of St. John the Baptist Parish. And after dinner, warm conversation from old friends and new acquaintances flowed over the hall. The pilgrim-farmers were finally on their final stretch to Manila.

Later in the night, the pilgrim-farmers received text messages expressing support for their pilgrimage: “Our prayers go with our farmers” (from Bishop Iniguez); “Our diocese is with you in your struggle for land, will include your prayers in tomorrow’s mass” (from Fr. Greg Ramos, SAC of Paranaque); “God Bless the farmers and our prayers be with you” (from Fr. Clarence Patag, SAC of Lipa, Batangas).

POST-CARP OPTIONS

As the year ended, congress gave the people a gift in the form of a paralyzed CARP. Representatives passed a resolution extending the life of the Comprehensive Agrarian Reform Program for another six months. This time they cut its claws by excluding the compulsory mode of acquisition.

The resolution is said to give the House of Representatives more time to discuss and debate an “acceptable” form of the Program. They did not have time because they were busy crafting ways of extending the term of their boss. Of course there are several good people in Congress who genuinely bring the peoples voices in its halls but sadly, they are outnumbered by Gloria Arroyo’s followers imposing her whims and voice in the House.

What are these options then?

Option 1: Simple Extension

This is captured by a number of proposed bills, including the CUA bill. This position proposes a simple extension of funding for DAR, for between five and ten years. Most of these bills propose a level of funding similar to current levels. One, the CUA bill also contains a vague, but contentious clause on the use of DAR papers as collateral for bank loans; this provision is in response to the wishes of Malacanang but is one that is deeply opposed by many AR advocates and farmers groups.

Simple extension is the position favoured by DAR. A number of these bills contain clauses mandating specific allocations for support services rather than mere land acquisition. As well as being reflective of the DAR position, a number of AR advocates also take this position because of their view that it is the most politically feasible one within the current conjuncture of political forces. A number of advocates for extension with reforms also privately admit that “simple extension may be the best we can hope for”.

Option 2: Major Changes to CARP

A third position is advanced by Kilusan para sa Tunay na Repormang Agraryo (KTRA, or Movement for Genuine Agrarian Reform) On November 11, KTRA announced that it is filing a bill in Congress to be sponsored by Rep. Edno Joson of Nueva Ecija that aims to strengthen the land reform law by plugging all its loopholes that allow landowners to evade land distribution.

The draft bill contains the coalition’s 5-point demands that include among others the immediate distribution of large private estates within two years, the abolition of non-redistributive land reform schemes such as leaseback, voluntary land transfer and voluntary-offer-to-sell, the review and revocation of anomalous exemption and land conversion permits, the strengthening of support services for agrarian reform beneficiaries, and the re-inclusion of fishponds and pasture lands in the coverage of CARP.

This position would appear to hold much in common with the RCM position except it more explicitly prioritizes the distribution of large estates, and ensures coverage of fishponds and livestock areas; and, rather than permitting Voluntary Offers of Sale to DAR and permitting direct Voluntary Land Transfer to beneficiaries, it proposes to abolish such processes on the grounds that they are subject to frequent anomalies in terms of beneficiaries and corruption.

The KTRA position reflect the positions of some of the more militant members of RCM, which is hardly surprising since there is some overlap in membership; however KTRA also includes others that chose to remain outside RCM for a variety of reasons, including some who have only recently chosen to engage in the legislative arena or with legally mandated forms of agrarian reform.

As part of their campaign for the bill KTRA have vowed to “name and shame” the country’s largest landowners who have managed to retain their landownings over 20 years of CARP.

Option 3: CARP Extension with Reforms

This bill is the result of widely held and prolonged conversations among Peoples Organisations and NGOs engaged in AR work. The bill is proposed by Rep. Risa Hontiveros-Baraquel, Akbayan party-list representative and backed by a broad range of groups known as the Reform CARP Movement (RCM) for which Centro-Saka is the secretariat and with which Kaisahan and Saligan worked on drafting of the bill.

This bill seeks the extension of CARP with a minimum funding of 3.8% of the total government budget, or 38 billion pesos, and the completion of land acquisition over a period of seven years. Thirty per cent of the funds would be used for support services with a third of those funds for the provision of agricultural credit, as opposed to current legislation which does not specify the proportion of funds allocated for this purpose.

The bill also proposes that land covered under agrarian reform may not be sold for a period of thirty years except back to the DAR. In addition the bill closes various loopholes in the current law by making Certificates of Land Ownership Agreements (CLOAS) noncontestable after a period of one year and also by allowing proposed beneficiaries to claim their rights as interested parties in court and adjudication hearings. The bill also proposes to prevent stock distribution and leaseback schemes and declares that installation as agrarian reform beneficiaries that mean the “direct and physical distribution of land” to beneficiaries.

The bill also tries to overcome some of the delaying tactics of landowners by insisting on a one-time valuation of standing crops and by attempting to prevent harassment cases for fraud or non-payment of rent where these are related to completion of land distribution. A further provision also strengthens existing laws against land conversion from agricultural to other uses as a means of avoiding coverage by agrarian reform and provides for much harsher penalties for landlords who try to evade coverage.

The bill does not address the issuance of collective versus individual titles (collective titles having provided a convenient but often untidy short-cut for DAR). While the bill has provides for inter-agency coordination with other line agencies responsible for items such as roads, irrigation, marketing support etc. it makes no specific provisions for the responsibilities of those agencies, just as it makes no specific provisions for the collection of amortization payments by the land bank. This bill appears to address a number of the criticisms concerning implementation of the current agrarian reform program but for a number does not go far enough…


Option 4: Genuine Agrarian Reform Act (HB 3059)

Anakpawis (toiling masses), Bayan Muna (people first) and Gabriela Women’s Party (GWP) filed House Bill 3059 or the Genuine Agrarian Reform Act of 2007 on Nov. 13 2007. The declared intent of the bill is to break up land monopoly and distribute lands for free.

At first glance the coverage proposed by the bill is considerably larger than the proposals of others. The modes of acquisition, the bill proposes that the state shall expropriate all private agricultural lands exceeding five hectares and that all land and non-land assets of transnational corporations shall be nationalized. Not only does it propose to cover all military reservations, lands owned by educational establishments and areas of community-based forestry, and all undeveloped or idle lands including in such areas as export processing zones but it also covers all lands that have already been covered by the
Department of Agrarian Reform but have since passed into the hands of those not classified as beneficiaries.

The bill also proposes that the lands are made available to beneficiaries for free. Compensation is proposed to be the average of the tax valuations for the last three years with negotiated sums for “benevolent landowners”. The bill proposes an annual budget of 18 billion pesos in the first year and an annual increment of 2 billion pesos thereafter.

The proposals in the draft act will substantially change the current definition of “just compensation” and along with the provisions for nationalization of TNC assets and the proposals to broaden coverage they are most unlikely to gain much consideration by a Congress which remains dominated by landed interests and their allies. Even the bill’s own proponents recognize this saying “for the proposed land reform law to be approved by a landlord-dominated Congress requires something short of a miracle.”

In addition to the above bills there are various resolutions in the house seeking a review of CARP stating the view that agrarian reform has failed to address rural productivity and poverty. For the most part these bills are supported by landlords within the house and led by President Arroyo’s brother-in-law from Negros. However, Bayan Muna has also submitted a similar resolution before it moved on with its GARA bill.

(Note: this is based on a paper, "Agrarian Reform and Rural Development - Mapping the Terrain" by Arthur Neame)

A Paralyzed CARP

Congress has passed a Joint Resolution No. 19 which extends the life of CARP for another six months. The extension excluded the compulsory mode of acquisition which is the “the life and soul of carp” . Prospero Nograles said the resolution saved the life of CARP which ends this month. It saved (kuno) but paralyzed it.

There are still 1.3 million hectares of land waiting to be distributed, more than 60% of these or 640,000 hectares are under the compulsory acquisition mode. Joint Resolution No. 19 is obviously protecting these 640, 000 hectares of land. Congress is dominated by landlords, this bill is “their bill” and not for the people which they are supposed to represent. Gloria Macapagal-Arroyo is really leading by example not only in corruption but also in pushing for Agrarian Reform. The Arroyo family is reported to own roughly 500 hectares of sugar lands in Negros Occidental, including the 150-ha Hacienda Bacan, which has evaded CARP coverage.

The extension is supposed to give congress more time to come-up with an “acceptable legislation”, acceptable to whom? I just hope that they will not extend and extend CARP until it is dismantled and lifeless. Agrarian reform advocates are already fearful of a slow kill of the program.

There are several bills in the House of Representatives which are waiting for more debates and discussion, bills which have been put in the background in their efforts to extend the term of their boss.



In the next post, I will try to write about the four options among the many bills in Congress on CARP Extension.

1. Simple Extension
2. CARP-ER (CARP Extension with Reforms)
3. Major Changes to CARP
4. GARA (Genuine Agrarian Reform Act)

CARP Reform and Extend

The Comprehensive Agrarian Reform was supposed to be completed in ten years since the start of its implementation. After a decade it was extended for 8 years which ended last june 2008. Under the program, the Department of Agrarian Reform is tasked to distribute public agricultural lands while the Department of Environment and Natural Resources is tasked to distribute public lands.

DAR Claims that it has accomplished 85% (most are public lands) of the total targeted lands for distribution, with 2.129 million farmer beneficiaries at a total cost of 103.9 billion pesos. But these figures are highly disputed.

It is believe that only 40% of the targeted lands were distributed (this according to UNORKA, PEACE AND PAARDS). DAR also decreased its scope from 10.3 to 8.064 million hectares. In 1996, DAR also made change in CARP scope. There are also many exemptions including the so-called cattle ranches, an example is the 3000 hectare Sutton estate in Masbate in which the supreme court affirmed that lands devoted to raising livestock, poultry and swine have been classified as industrial. As a result, 150 tenants and 147 landless laborers have been denied the opportunity to acquire land. The reduction in target is also attributed to Land Conversion like in the case of the Sumilao Farmers.

Despite the many weaknesses of the program which includes weaknesses in the law, poor administrative capacity, institutional weaknesses, corruption and the use of political influence, CARP also made some gains. That is why there is a push for reforming and extending it.

(Note: this is based on a paper, "Agrarian Reform and Rural Development - Mapping the Terrain" by Arthur Neame)

Comprehensive Agrarian Reform Program Revisited (Part 1)

The Comprehensive Agrarian Reform Program or CARP, was implemented on June 10, 1988 under the Comprehensive Agrarian Reform Law or Republic Act 6657. It withstood an intense and furious debate in and outside of Congress. CARP is backed by provisions in Article XIII of the 1987 Philippine constitution which 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 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.

Section 5. The State shall recognize the right of farmers, farmworkers, and landowners, as well as cooperatives, and other independent farmers' organizations to participate in the planning,organization, and management of the program, and shall provide support to agriculture through appropriate technology and research, and adequate financial, production, marketing, and other support services.

Section 6. The State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands.

These are beautifully worded paragraphs from our constitution. At first glance, it seems that social justice is at hand. But it is not what it seems, “the devil is in the details” so this say. There are loopholes and the farmers already know about this. I have attended one of the Mindanao Rural Congress and farmers from different places experience the same things. A simple legal technicality can turn the tables against them. Landlords can escape coverage in their lands in crevices in the implementation of the Comprehensive Agrarian Reform Program.

The implementation of the Program ended last June 2008, its fate yet to be decided and farmers and civil society seems to be divided. Some support the Genuine Agrarian Reform Bill (HB 3059), while the others support a CARP Reform and Extension.