DISTINCTIONS: DIFFERENCES:

To whom it applies

Relationship of landowner and beneficiaries

Presidential Decree No. 27 TENANT EMANCIPATION DECREE This shall apply to tenant farmers of private agricultural lands primarily devoted to rice and corn under a system of sharecrop or leasetenancy, whether classified as landed estate or not.

Republic Act No. 6657 COMPREHENSIVE AGRARIAN REFORM PROGRAM

Section 4. Scope. The Comprehensive Agrarian Reform Law of 1989 shall cover, regardless of tenurial arrangement and commodity produced Section 22. Qualified Beneficiaries. The lands covered by the CARP shall be distributed as much as possible to landless residents of the same barangay, or in the absence thereof, landless residents of the same municipality in the following order of priority:

As to what kind of land

(a) agricultural lessees and share tenants; (b) regular farmworkers; (c) seasonal farmworkers; (d) other farmworkers; (e) actual tillers or occupants of public lands; (f) collectives or cooperatives of the above beneficiaries; and (g) others directly working on the land. This shall apply to Section 4. Scope. The tenant farmers of Comprehensive Agrarian Reform private agricultural Law of 1989 shall cover, regardless lands primarily of tenurial arrangement and devoted to rice and commodity produced, all public corn under a system and private agricultural lands, as of sharecrop or lease- provided in Proclamation No. 131 tenancy, whether and Executive Order No. 229, classified as landed including other lands of the public estate or not. domain suitable for agriculture. More specifically the following lands are covered by the Comprehensive Agrarian Reform Program:

(a) All alienable and disposable lands of the public domain devoted to or suitable for agriculture. X X X (b) All lands of the public domain in excess of the specific limits as determined by Congress in the preceding paragraph; (c) All other lands owned by the Government devoted to or suitable for agriculture; and (d) All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon. To what kind of property This shall apply to tenant farmers of private agricultural lands primarily devoted to rice and corn under a system of sharecrop or leasetenancy Section 4. Scope. The Comprehensive Agrarian Reform Law of 1989 shall cover, regardless of tenurial arrangement and commodity produced, all public and private agricultural lands, as provided in Proclamation No. 131 and Executive Order No. 229, including other lands of the public domain suitable for agriculture. Section 23. No qualified beneficiary may own more than three (3) hectares of agricultural land.

Area to be awarde the tenant

The tenant farmer, shall be deemed owner of a portion constituting a familysize farm of five (5) hectares if not irrigated and three (3) hectares if irrigated

Retention limit

Determination of value of the land to be

Section 25. Beneficiaries shall be awarded an area not exceeding three (3) hectares which may cover a contiguous tract of land or several parcels of land cumulated up to the prescribed award limits In all cases, the Section 6. Retention Limits. landowner may retain in no case shall retention by the an area of not more landowner exceed five (5) than seven (7) hectares. Three (3) hectares may hectares if such be awarded to each child of the landowner is landowner, subject to the cultivating such area qualifications provided by RA No. or will now cultivate it 6657 the value of the land Section 17. In determining just shall be equivalent to compensation, the cost of two and one-half (2 acquisition of the land, the current

compensated

1/2) times the average harvest of three normal crop years immediately preceding the promulgation of this Decree

Span of time for payment

In case of default

Payment to the landowner

value of the like properties, its nature, actual use and income, the sworn valuation by the owner, the tax declarations, and the assessment made by government assessors shall be considered. The social and economic benefits contributed by the farmers and the farmworkers and by the Government to the property as well as the non-payment of taxes or loans secured from any government financing institution on the said land shall be considered as additional factors to determine its valuation. The total cost of the Section 26. Lands awarded land, including pursuant to this Act shall be paid interest at the rate of for by the beneficiaries to the LBP six (6) per centum per in thirty (30) annual amortizations annum, shall be paid at six percent (6%) interest per by the tenant in annum. The payments for the first fifteen (15) years of three (3) years after the award fifteen (15) equal may be at reduced amounts as annual amortizations established by the PARC In case of default, the Section 26. (par.2) amortization due The LBP shall have a lien by way of shall be paid by the mortgage on the land awarded to farmers' cooperative the beneficiary; and this mortgage in which the may be foreclosed by the LBP for defaulting tenantnon-payment of an aggregate of farmer is a member, three (3) annual amortizations. with the cooperative having a right of recourse against him (direct) Section 18. The LBP shall In case of default, the compensate the landowner in such amortization due amounts as may be agreed upon shall be paid by the by the landowner and the DAR and farmers' cooperative the LBP in which the defaulting tenant(may be direct) farmer is a member, Section 21. Direct payments in cash with the cooperative or in kind may be by the farmerhaving a right of beneficiary to the landowner recourse against him under terms to be mutually agreed

Membership in a cooperative

To whom may be transferred by the beneficiary

Right of repurchase

Schedule of implementaion

Protection of homestead

upon by both parties, which shall be binding upon them, upon registration with the approval by the DAR. (mandatory) (optional) No title to the land Section 25. The beneficiaries may owned by the tenant- opt for collective ownership, such farmers under this as co-ownership or farmers Decree shall be cooperative or some other form of actually issued to a collective organization tenant-farmer unless and until the tenantfarmer has become a full-fledged member of a duly recognized farmer's cooperative Title to land acquired Lands acquired by beneficiaries pursuant to this under this Act may not be sold, Decree or the Land transferred or conveyed except Reform Program of through hereditary succession, or the Government shall to the government, or the LBP, or not be transferable to other qualified beneficiaries for except by hereditary a period of ten (10) years succession or to the Government in accordance with the provisions of this Decree, the Code of Agrarian Reforms and other existing laws and regulations Section 27. x x x the children or the spouse of the transferor shall have a right to repurchase the land from the government or LBP within a period of two (2) years. Section 5. Schedule of Implementation. The distribution of all lands covered by this Act shall be implemented immediately and completed within ten (10) years from the effectivity thereof. Section 2 (par.5)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. Section 6, (par.1) X X X original homestead grantees or their direct compulsory heirs who still own the original homestead at the time of the approval of this Act shall retain the same areas as long as they continue to cultivate said homestead. Section 6, (par.2) The right to choose the area to be retained, which shall be compact or contiguous, shall pertain to the landowner Section 6, (par.2) xxx that in case the area selected for retention by the landowner is tenanted, the tenant shall have the option to choose whether to remain therein or be a beneficiary in the same or another agricultural land with similar or comparable features. In case the tenant chooses to remain in the retained area, he shall be considered a leaseholder and shall lose his right to be a beneficiary under this Act. Section 6, (par.3) In all cases, the security of tenure of the farmers or farmworkers on the land prior to the approval of this Act shall be respected. Section 6, (par.4) Upon the effectivity of this Act, any sale, disposition, lease, management, contract or transfer of possession

Right to choose the land to be retained

Choice of the beneficiary

Security of tenure

Security for disposition of lands subsequent to the enactment

of the law

Security/protecti on of owners of Ancestral Land

of private lands executed by the original landowner in violation of the Act shall be null and void Section 2 (par.5)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 the rights of indigenous communities to their ancestral lands. Section 9(par 2)The right of these communities to their ancestral lands shall be protected to ensure their economic, social and cultural well-being. In line with the principles of self-determination and autonomy, the systems of land ownership, land use, and the modes of settling land disputes of all these communities must be recognized and respected. Section 2. The State shall provide incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization, employment and privatization of public sector enterprises. Section 19. Landowners, other than banks and other financial institutions, who voluntarily offer their lands for sale shall be entitled to an additional five percent (5%) cash payment.

Incentives

Rights of fishermen

Section 2. The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of communal marine and fishing resources, both inland and

Exemptions:

PD 27 is applies only to agricultural lands

Lease agreement

offshore.t shall provide support to such fishermen through appropriate technology and research, adequate financial, production and marketing assistance and other services. The State shall also protect, develop and conserve such resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just share from their labor in the utilization of marine and fishing resources. Ra 6657 applies to all public and private agricultural land with the exemptions of: Section 10 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 educational 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, government and private research and quarantine centers and all lands with eighteen percent (18%) slope and over, except those already developed shall be exempt from the coverage of the Act. Section 12. In order to protect and improve the tenurial and economic status of the farmers in tenanted

Disqualification of tenants

When enacted

lands under the retention limit and lands not yet acquired under this Act, the DAR is mandated to determine and fix immediately the lease rentals No title to the land Section 22. Beneficiaries under owned by the tenant- Presidential Decree No. 27 who farmers under this have culpably sold, disposed of, or Decree shall be abandoned their land are actually issued to a disqualified to become tenant-farmer unless beneficiaries under this Program. and until the tenantfarmer has become a Section 26. A beneficiary whose full-fledged member land, has been foreclosed shall of a duly recognized thereafter be permanently farmer's cooperative disqualified from becoming a beneficiary under this Act. During the Martial After the Martial Law Law

SIMILARITIES

Presidential Decree No. 27 TENANT EMANCIPATION DECREE

Republic Act No. 6657 COMPREHENSIVE AGRARIAN REFORM PROGRAM

Basic Qualification

Limited right to dispose of the land awarded

Section 22. x x x A basic qualification of a beneficiary shall be his willingness, aptitude, and ability to cultivate and make the land as productive as possible. Title to land acquired Section 27. Lands acquired by pursuant to this beneficiaries under this Act may Decree or the Land not be sold, transferred or Reform Program of conveyed except through the Government shall hereditary succession, or to the not be transferable government, or the LBP, or to except by hereditary other qualified beneficiaries for a succession or to the period of ten (10) years Government in accordance with the provisions of this Decree