People's Recovery, Empowerment and
Development Assistance Foundation, Inc.

REVIEW of the Department, of Agrarian Reform's record in distributing private agricultural land shows that it has largely concentrated distributing smaller landholdings. The bulk of the lands with areas above 21 hectares have remained in the hands of big landowners.

Of the total hectarage of private agricultural lands that DAR needs to distribute, the agency claims to have distributed 55 percent or 919,857 hectares out of its target of 1,688,887 hectares since 1988. Its distribution of private agricultural land peaked in 1988 at 113,215 hectares. Most of these was backlog from the implementation of Presidential Decree 27, the land reform program of the Marcos administration. These figures represent certificates -- certificates of land ownership, emacipation patents and certificates of land transfer-distributed to agrarian reform beneficiaries and do not necessarily correspond to the actual number of beneficiaries installed in supposedly awarded lands.

Under CARP, government devised three schemes to distribute private agricultural lands. One is the voluntary scheme where the landowner surrenders of his own volition his land to government for valuation and distribution. Another is the voluntary land transfer/direct payment where the landowner voluntarily transfers the ownership

of the land to the agrarian reform beneficiary. Under this scheme, the ARB pays amortization directly to the landowner. Under the compulsory acquisition scheme, meanwhile, government virtually confiscates the land from landowners. Of the three schemes, the last demonstrates government political will in distributing large private landholdings.

Under the VOS and VLT Schemes, DAR posted its, highest accomplishment of 53,592 hectares in 1993 and 78,755 hectares in 1996 respectively. Under compulsory acquisition, it posted its highest performance of 25,485 hectares in 1997. Last year, DAR distributed only 19,919 hectares using the CA scheme. This year, it aims to distribute 70,000 hectares through the CA scheme. Given its', dismal track record, it would be amazing if DAR manages to achieve this target.

But DAR's reported accomplishment figures need to be checked. There are discrepancies in DAR's data on EP and CLOA cancellations. According to a DAR report, only a total of 18,401 hectares have been affected by EP/CLOA cancellations since CARP'S implementation in 1988. Yet as early as May 1994, data issued by DAR posted EP/CLOA cancellations that covered 44,383.39 hectares. Data sourced from DAR's Legal System Database as of September 1999 also show that cancellations have already reached a total of 23,150.95 hectares. Thus, the area affected by EP/CLOA cancellations may actually be higher than reported. These, cancellations only diminish the government's already insubstantial accomplishments in implementing agrarian reform.

Throughout the first 12 years of CARP's implementation, DAR has cited lack of funding and landowners' resistance as the major stumbling blocks to redistribution. Based on the budget allocations that DAR got between 1994 and 1999 for land acquisition and distribution, the agency has obviously not been wanting in resources. Except in 1995 when no budget was allocated for land distribution, DAR has received from P447.93 million to as much as P977.60 million for land acquisition and distribution (LAD). Yet while the DAR budget has been increasing, the trend in the distribution of private agricultural lands has been decreasing since 1996.

Under the General Appropriations Act for 2000, DAR's budget for land acquisition and distribution is P1 billion. The Agrarian Reform Fund, Meanwhile, has allocated P5.9 billion for LAD, leaving DAR with P6.9 billion for its LAD targets for 2000.

On the other hand, the amount needed to fund this year's LAD target of 158,406 hectares is PI 24.2 million. If the cost needed to cover last year's backlog (for new lands and lands under leasehold, plus the cost of re-documentation) is factored in, the total amount needed by DAR is P158.2 million. Comparing DAR's budget vis-a-vis the funds it actually needs. It appears that there is actually, enough money for the acquisition and distribution of lands. Hence, DAR's excuse that it lacks funds does not hold water.

Rather than budget constraints, it is DAR's unwillingness to confront resustung landowners that is the major stumbling block of the implementation of agrarian reform. If government were strictly to enforce the law, the landowners' resistance against land distribution would crumble. Jeremias Montemayor, the president of the Federation Free Farmers, could of not defined DAR's performance more clearly when he said the reason agrarian reform has dragged on for 50 years is that its implementation has always been a matter of compromise.

"Why don't you say that agrarian reform is a matter of law and the DAR will implement the law and its objectives?" Montemayor asked.

The author is a researcher of the Philippine Peasant Institute.
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