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GLOBAL ON THE FOCUS SOUTH Published by Focus on the Global South With support from 11.11.11 and Development and Peace-Canada Copyright @September, 2018 by Focus on the Global South Printed in the Philippines Focus on the Global South - Philippines Office #19 Maginhawa Street UP Village, Diliman, Quezon City http://focusweb.org Research Project Coordinator: Mary Ann Manahan Project Advisors: Eddie Quitoriano, Eduardo Tadem, Jenina Joy Chavez, and Jerome Patrick Cruz Authors/Contributors: Danilo Carranza, Rina Reyes, Raphael Baladad, Carmina Flores-Obanil, Ricardo Reyes, Rosanne Rutten, and Robin Thiers Editorial Team: Clarissa Militante, Jenina Joy Chavez-Malaluan, and Mary Ann Manahan Research Assistant: Reagan John Gabriel Layout Artist: Amy Tejada Photos in Front Cover: Jimmy Domingo (photo of farmer with carabao & of farmer with tractor); File photos of Focus on the Global South CONTENT 6 LIST OF ABBREVIATIONS 8 Introduction: Part One Thirty Years of Agrarian Reform under CARP/ER Is there Reason to Celebrate? BY MARY ANN MANAHAN 22 Introduction: Part Two The Research Project Background, Methodology, and Findings BY MARY ANN MANAHAN 35 Disaster After Disaster Agrarian Reform in Post-Yolanda Recovery in Leyte BY DANILO CARRANZA AND RINA REYES 54 Land Enclosures versus Historical Occupancy What Remedy Does CARPER Offer? BY RAPHAEL BALADAD 71 Agrarian Reform in Nueva Ecija Gains, Reversals, and Challenges in a Long-Drawn Out Process BY CARMINA FLORES-OBANIL 93 Hacienda Luisita after CARP Implementation BY RICARDO REYES 108 Beneficiaries in Negros Occidental From Hacienda Workers to Landed Laborers? BY ROSANNE RUTTEN 128 Banana Negotiations Contracting in the Davao del Norte Export Banana Sector after CARP BY ROBIN THIERS 141 ABOUT THE AUTHORS LIST OF ABBREVIATIONS A&D Alienable and Disposable AMBALA Alyansa ng Manggagawang Bukid sa Asyenda Luisita AMMMA-Katipunan Aniban ng Magsasaka, Mangingisda at Manggagawa sa Agrikultura APCP Agrarian Production Credit Program ARB/s Agrarian Reform Beneficiary/ies ARBO Agrarian Reform Beneficiaries’ Organization ARC/s Agrarian Reform Community/ies ARCCESS Agrarian Reform Community Connectivity and Economic Support Services ATFI Alter Trade Foundation, Inc. ATM Automatic Teller Machine AVA/s Agribusiness Venture Agreement/s BARC Barangay Agrarian Reform Committee BFA Bugho Farmers Association BHWD Barangay Health Worker BSWM Bureau of Soils and Water Management CA Compulsory Acquisition CALABARZON Cavite, Laguna, Batangas, Rizal, and Quezon CARL Comprehensive Agrarian Reform Law CARP Comprehensive Agrarian Reform Program CARPER Comprehensive Agrarian Reform Program Extension with Reform CB Central Bank CBFM Community-Based Forests Management CLOA Certificate of Land Ownership Award COCAR Congressional Oversight Committee on Agrarian Reform CO-OP/s Cooperative/s CPP Communist Party of the Philippines DA Department of Agriculture DALO Democratic Alliance Labor Organization DAR Department of Agrarian Reform DARAB DAR Adjudication Board DARPO Department of Agrarian Reform Provincial Office DENR Department of Environment and Natural Resources DILG Department of the Interior and Local Government DND Department of National Defense EP Emancipation Patent FARM Farmworkers Agrarian Reform Movement FB Farmer Beneficiaries FGD/s Focus Group Discussion/s FOB Freight on Board FOCUS Focus on the Global South GFI Government Finance Institution GOL/KKK Government-owned Land/Kilusang Kabuhayan at Kaunlaran GSIS Government Service Insurance System ha/s. Hectare/s HEIP Hermosa Ecozone Industrial Park HFCS High Fructose Corn Syrup HLI Hacienda Luisita, Inc. JEEP Joint Economic Enterprise for Productivity KABAPA Katipunan ng Bagong Pilipina KATARUNGAN Kilusan para sa Repormang Agraryo at Katarungang Panlipunan kg kilogram KII Key Informant Interview 6 REPORMANG AGRARYO AT PAGBABAGO? NARRATIVES ON AGRARIAN CONFLICTS, TRANSITIONS, AND TRANSFORMATION km kilometer KMP-Negros Kilusang Magbubukid ng Pilipinas-Negros KWACI KASUCO Workers Agricultural Cooperative LAD Land Acquisition Distribution LGU/s Local Government Unit/s LRA Land Registration Authority LSBDA Leyte Sab-A Basin Development Authority MAR Ministry of Agrarian Reform MEPI Marsman Estate Plantation, Inc. MIARBA Minoro-Isabel Agrarian Reform Beneficiaries Association NACUSIP National Congress of Unions in the Sugar Industry of the Philippines NFSW National Federation of Sugar Workers NGO/s Non-Government Organization/s NIFTF Negros Island Fair Trade Federation NIKE-NE Nagkakaisang Kababaihang Entrepreneurs-Nueva Ecija NOC Notice of Coverage NOFTA Negros Organic and Fair Trade Association NPA New People’s Army OFW Overseas Filipino Worker OIC Officer in Charge OLT Operation Land Transfer ONARBPA Occidental Negros Agrarian Reform Beneficiaries Planters Association OP Office of the President OPA Office of the Provincial Agriculturist OPARR Office of the Presidential Adviser for Reconstruction and Rehabilitation OSEC Office of the Secretary PARC Presidential Agrarian Reform Council PARCCOM Provincial Agrarian Reform Coordinating Committee PBD Program Beneficiary Development PCA Philippine Coconut Authority PD Presidential Decree PDG Paghida-et saKauswagan Development Group, Inc. Philippine Peso PhP PKKK Pambansang Koalisyon ng Kababaihan sa Kanayunan RA Republic Act RD Regional Director RDC Riverforest Development Corporation RIGHTS INC. Rural Poor Institute for Land and Human Rights Services, Inc. ROD Registry of Deeds SAC Social Action Center SANAMABASU Samahang Nagkakaisang Mamamayan ng Barangay Sumalo SC Supreme Court SDO Stock Distribution Option SEZs Special Economic Zones SIDA Sugarcane Industry Development Act sq. m Square Metre SRA Sugar Regulatory Administration SSS Social Security System STW Shallow-Tube Well TADECO Tarlac Development Corporation TCT Transfer Certificate of Title TRO Temporary Restraining Order ULWU United Luisita Workers Union UMA Unyon ng mga Mangagawa sa Agrikultura UPALs Untitled Privately-claimed Agricultural Lands USD United States Dollar VLT Voluntary Land Transfer VOS Voluntary Offer to Sell REPORMANG AGRARYO AT PAGBABAGO? NARRATIVES ON AGRARIAN CONFLICTS, TRANSITIONS, AND TRANSFORMATION 7 INTRODUCTION: PART ONE THIRTY YEARS OF AGRARIAN REFORM UNDER CARP/ER IS THERE REASON TO CELEBRATE? BY MARY ANN MANAHAN When the Comprehensive Agrarian Reform Program (CARP)1 was enacted 30 years ago, it was envisioned as a reform measure to fulfill the 1987 Constitution’s multiple goals to reduce rural poverty, foster rural development and industrialization, and usher in an era of lasting peace in the countryside. Since then, CARP and its two extensions have been considered as a litmus test of past and present administrations’ commitment to social justice as well as the state’s political will to break up land monopolies and control in the countryside in favor of those who work the land—the landless, small, and near-landless farmers, women in agriculture, and farmworkers. The promise of agrarian reform was change; its essence, political, i.e., the redistribution of wealth and resources in the countryside, and its implementation, therefore, a political process. It is no surprise that the program engendered impassioned public debates, strategies, and political maneuvers, for or against it. These debates continue to rage until this day—is CARP/ER a success or failure? What does it have to show for three decades? What do the whole generation of Filipino farmers and their children that grew up clamoring for its effective and full implementation have to say? Why are farmers not in full control of their lands? To respond to these questions, Focus on the Global South and the Save Agrarian Reform Alliance, a coalition of small and landless farmers, farmworkers, and rural women that campaigns for agrarian reform, social justice, and rural development, embarked on an initiative called CARP/ER Audit (see The Research Project for details). The CARP/ER Audit aimed to critically examine various aspects of CARP/ER’s accomplishment and implementation, i.e. to unpack and understand the stories behind government’s data and narratives of the lives and perspectives of the people affected by the law and its implementing agencies. 8 REPORMANG AGRARYO AT PAGBABAGO? NARRATIVES ON AGRARIAN CONFLICTS, TRANSITIONS, AND TRANSFORMATION This introduction is divided into two parts. Part One deals with a critical interrogation of the government’s data on CARP/ER’s accomplishments, looking at both public and private agricultural lands under the Department of Agrarian Reform (DAR) and the Department of Environment and Natural Resources (DENR). Part Two introduces the research project, its background, methodology, and findings. CARP/ER’s Dubious Records Land (re)distribution is the heart of the nationwide agrarian reform program. According to the DAR, the main government agency mandated to implement CARP and its extension with reforms (CARPER), the state has distributed close to 4.8 million hectares of private and non-private agricultural lands to about 2.8 million agrarian reform beneficiaries in the country. This represents 88 percent of the total 5.4 million hectares of agricultural lands targeted for (re)distribution by DAR, and 34 percent of certified alienable and disposable (A&D)2 lands in the country. These figures also include rice and corn lands that were earlier transferred under PD 27 through its operation land transfer. The numbers could be taken as a significant feat and for DAR, a near completion of its land distribution task. Table 1 shows that the top