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B. Economic, social, and cultural rights

1. AGRARIAN AND NATURAL RESOURCES REFORM

a. Rights of farmers and regular farmworkers

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. (Section 4, Article XIII, Ibid.)

1) To just distribution

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. (Ibid.)

a) Respect right of small landowners

In determining retention limits, the State shall respect the right of small landowners. (Ibid.)

b) Incentives for voluntary land-sharing

The State shall further provide incentives for voluntary land-sharing. (Ibid.)

2) To participate in planning, organization, and management of the program

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 5, Article XIII, Ibid.)

3) To application of principles of agrarian reform or stewardship

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, Article XIII, Ibid.)

The State may resettle landless farmers and farmworkers in its own agricultural estates which shall be distributed to them in the manner provided by law. (Paragraph 2, Section 6, Article XIII, Ibid.)

b. Rights of subsistence fishermen

The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of local marine and fishing resources, both inland and offshore. (Section 7, Article XIII, Ibid.)

1) To support

It 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. (Ibid.)

2) To Just share

Fishworkers shall receive a just share from their labor in the utilization of marine and fishing resources. (Ibid.)

c. Rights of landowners

The State shall provide incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization, employment creation, and privatization of public sector enterprises. Financial instruments used as payment for their lands shall be honored as equity in enterprises of their choice. (Section 8, Article XIII, Ibid.)

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