Agrarian Reform
Agrarian Reform
Note: Read the “lectures” thoroughly. There are two formative assessments on these chapters.
Before reading the sources below, here are definition of some terms which are quite difficult to
understand.
1. Retraction – when we say retraction, it means that you are formally taking back something that you
(or someone) have said or done.
2. Jesuits – When someone is a member of the Society of Jesus ( more likely to be the Roman Catholic
Church), you are called “Jesuit”
3. Forge - To forge something also has the meaning of faking something, such as a painting or a
signature with the intent to deceive.
4. Denounce – when we say denounce, it means publicly stating that someone or something is bad or
wrong
Historical context
A leader of the reformist movement in Spain, Dr. Jose Rizal was arrested, tried and sentenced to death
by a Spanish court-martial after being implicated as a leader of the Philippine Revolution. The night
before his death by firing squad at the Luneta on December 30, 1896, accounts exist that Rizal allegedly
retracted his Masonic ideas and this writing and converted to Catholicism following several hours of
persuasion by Jesuits priest. There was considerable doubt to his allegation by Rizal’s family and friends
until in 1935, the supposed retraction document with Rizal signature was found.
Until today, the issue whether Rizal retracted or not and whether the document is forge or real is a
subject of continuous debate between historians and Rizal scholars alike.
The following primary sources are of two kinds: the first two are the official accounts as witnessed by
the Jesuits who were instrumental in the alleged retraction of Rizal the other two are critical analysis by
two Rizalist scholars who doubted the story of the refraction.
Fr. Vicente Balaguer was one of the Jesuits priest who visited Rizal during his last hours and Fort
Santiago and claimed that he managed to persuade Rizal to denounce masonry and return to the
catholic fold. In an affidavit executed in 1917 when he had returned to Spain, Balaguer also claimed that
he was the one who solemn lies the marriage of Josephine Bracken and Rizal hours before the hero’s
execution.
Fr. Pio Pi was the Jesuit superior in the Philippines during the time when Rizal was executed. In 1917, he
issued an affidavit her counting his involvement in the alleged retraction of Rizal. Unlike Fr. Balaguer,
however, he was involved only in securing the retraction document from the Archbishop of Manila
Bernardino Nozaleda and writing another shorter retraction document as well which was the one Rizal
alleged copied.
Lawyer, writer, educator, and politician Rafael Palma was the author of Biografia de Rizal, a work on the
life of the National Hero which won a literary contest in 1938 sponsored by the Commonwealth
Government. The publication of the book, however was postponed because of the World War II and
only saw print in 1949. The same year, an English translation by Roman Ozaeta with the title Pride of the
Malay Race was published by Prentice-Hall, Inc. in the United States. The story of Rizal’s alleged
retraction is found in Chapters 32 and 33 with Palma’s analysis and the latter chapter.
IV. Austin Coates’s Critical Analysis
Austin Coates’s interest in Jose Rizal began when he was Assistant Colonial Secretary and Magistrate in
Hong Kong in 1950. His first study on Rizal was on the latter's year-long stay in Hong Kong (1891-1892).
At that time, many of the personalities who knew Rizal were still alive. This early awareness on Rizal
eventually led to the writing and publication of his book—Rizal Philippine Nationalist and Martyr (Oxford
University Press, 1956)—the first Rizal biography written by European since vida y escritos del Dr. Jose
Rizal by Wenceslao Retana in 1907. The second edition of the book was published in the Philippines by
Solidaridad publishing house in 1992.
Comprehension Check:
1. Who are the sources of the conflicting accounts or analysis on the results of retraction? (5 points)
2. Which among the accounts or analyses do you consider the most convincing and reliable? Why?
(10points)
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1. Pre-Spanish Period - “This land is Ours God gave this land to us”
Before the Spaniards came to the Philippines, Filipinos lived in villages or barangays ruled by chiefs or
datus. The datus comprised the nobility. Then came the maharlikas, followed by the aliping mamamahay
and aliping saguiguilid. However, despite the existence of different classes in the social structure,
practically everyone had access to the fruits of the soil. Money was unknown, and rice served as the
medium of exchange.
When the Spaniards came to the Philippines, the concept of encomienda (Royal Land Grants) was
introduced. This system grants that Encomienderos must defend his encomienda from external attack,
maintain peace and order within, and support the missionaries. In turn, the encomiendero acquired the
right to collect tribute from the indios (native). The system, however, degenerated into abuse of power
by the encomienderos The tribute soon became land rents to a few powerful landlords. And the natives
who once cultivated the lands in freedom were transformed into mere share tenants.
When the First Philippine Republic was established in 1899, Gen. Emilio Aguinaldo declared in the
Malolos Constitution his intention to confiscate large estates, especially the so-called Friar lands.
However, as the Republic was short-lived, Aguinaldo’s plan was never implemented.
a. Philippine Bill of 1902 – Set the ceilings on the hectarage of private individuals and corporations may
acquire: 16 has. for private individuals and 1,024 has. for corporations.
b. Land Registration Act of 1902 (Act No. 496) – Provided for a comprehensive registration of land titles
under the Torrens system.
c. Public Land Act of 1903 – introduced the homestead system in the Philippines.
d. Tenancy Act of 1933 (Act No. 4054 and 4113) – regulated relationships between landowners and
tenants of rice (50-50 sharing) and sugar cane lands.
The Torrens system, which the Americans instituted for the registration of lands, did not solve the
problem completely. Either they were not aware of the law or if they did, they could not pay the survey
cost and other fees required in applying for a Torrens title.
5. Commonwealth Period - “Government for the Filipinos”
- President Manuel L. Quezon espoused the "Social Justice" program to arrest the increasing social
unrest in Central Luzon.
a. 1935 Constitution – "The promotion of social justice to ensure the well-being and economic security
of all people should be the concern of the State"
b. Commonwealth Act No. 178 (An Amendment to Rice Tenancy Act No. 4045), Nov. 13, 1936 – Provided
for certain controls in the landlord-tenant relationships
c. National Rice and Corn Corporation (NARIC), 1936 – Established the price of rice and corn thereby
help the poor tenants as well as consumers.
d. Commonwealth Act. No. 461, 1937 – Specified reasons for the dismissal of tenants and only with the
approval of the Tenancy Division of the Department of Justice.
e. Rural Program Administration, created March 2, 1939 – Provided the purchase and lease of haciendas
and their sale and lease to the tenants.
f. Commonwealth Act No. 441 enacted on June 3, 1939 – Created the National Settlement
Administration with a capital stock of P20,000,000.
The Second World War II started in Europe in 1939 and in the Pacific in 1941.
Hukbalahap controlled whole areas of Central Luzon; landlords who supported the Japanese lost their
lands to peasants while those who supported the Huks earned fixed rentals in favor of the tenants.
Unfortunately, the end of war also signaled the end of gains acquired by the peasants. Upon the arrival
of the Japanese in the Philippines in 1942, peasants and workers organizations grew strength. Many
peasants took up arms and identified themselves with the anti-Japanese group, the HUKBALAHAP
(Hukbo ng Bayan Laban sa Hapon).
After the establishment of the Philippine Independence in 1946, the problems of land tenure remained.
These became worst in certain areas. Thus the Congress of the Philippines revised the tenancy law.
a. Republic Act No. 34 -- Established the 70-30 sharing arrangements and regulating share-tenancy
contracts.
b. Republic Act No. 55 -- Provided for a more effective safeguard against arbitrary ejectment of tenants.
a. Executive Order No. 355 issued on October 23, 1950 -- Replaced the National Land Settlement
Administration with Land Settlement Development Corporation (LASEDECO) which takes over the
responsibilities of the Agricultural Machinery Equipment Corporation and the Rice and Corn Production
Administration.
a. Republic Act No. 1160 of 1954 -- Abolished the LASEDECO and established the National Resettlement
and Rehabilitation Administration (NARRA) to resettle dissidents and landless farmers. It was particularly
aimed at rebel returnees providing home lots and farmlands in Palawan and Mindanao.
b. Republic Act No. 1199 (Agricultural Tenancy Act of 1954) -- governed the relationship between
landowners and tenant farmers by organizing share-tenancy and leasehold system. The law provided the
security of tenure of tenants. It also created the Court of Agrarian Relations.
c. Republic Act No. 1400 (Land Reform Act of 1955) -- Created the Land Tenure Administration (LTA)
which was responsible for the acquisition and distribution of large tenanted rice and corn lands over 200
hectares for individuals and 600 hectares for corporations.
d. Republic Act No. 821 (Creation of Agricultural Credit Cooperative Financing Administration) --
Provided small farmers and share tenants loans with low interest rates of six to eight percent.
a. Republic Act No. 3844 of August 8, 1963 (Agricultural Land Reform Code) -- Abolished share tenancy,
institutionalized leasehold, set retention limit at 75 hectares, invested rights of preemption and
redemption for tenant farmers, provided for an administrative machinery for implementation,
institutionalized a judicial system of agrarian cases, incorporated extension, marketing and supervised
credit system of services of farmer beneficiaries.
The RA was hailed as one that would emancipate Filipino farmers from the bondage of tenancy.
Proclamation No. 1081 on September 21, 1972 ushered the Period of the New Society. Five days after
the proclamation of Martial Law, the entire country was proclaimed a land reform area and
simultaneously the Agrarian Reform Program was decreed.
a. Republic Act No. 6389, (Code of Agrarian Reform) and RA No. 6390 of 1971 -- Created the Department
of Agrarian Reform and the Agrarian Reform Special Account Fund. It strengthen the position of farmers
and expanded the scope of agrarian reform.
b. Presidential Decree No. 2, September 26, 1972 -- Declared the country under land reform program. It
enjoined all agencies and offices of the government to extend full cooperation and assistance to the
DAR. It also activated the Agrarian Reform Coordinating Council.
c. Presidential Decree No. 27, October 21, 1972 -- Restricted land reform scope to tenanted rice and
corn lands and set the retention limit at 7 hectares.
The Constitution ratified by the Filipino people during the administration of President Corazon C. Aquino
provides under Section 21 under Article II that “The State shall promote comprehensive rural
development and agrarian reform.” On June 10, 1988, former President Corazon C. Aquino signed into
law Republic Act No. 6657 or otherwise known as the Comprehensive Agrarian Reform Law (CARL). The
law became effective on June 15, 1988. Subsequently, four Presidential issuances were released in July
1987 after 48 nationwide consultations before the actual law was enacted.
a. Executive Order No. 228, July 16, 1987 – Declared full ownership to qualified farmer-beneficiaries
covered by PD 27. It also determined the value remaining unvalued rice and corn lands subject of PD 27
and provided for the manner of payment by the FBs and mode of compensation to landowners.
b. Executive Order No. 229, July 22, 1987 – Provided mechanism for the implementation of the
Comprehensive Agrarian Reform Program (CARP).
c. Proclamation No. 131, July 22, 1987 – Instituted the CARP as a major program of the government. It
provided for a special fund known as the Agrarian Reform Fund (ARF), with an initial amount of Php50
billion to cover the estimated cost of the program from 1987-1992.
d. Executive Order No. 129-A, July 26, 1987 – streamlined and expanded the power and operations of
the DAR.
e. Republic Act No. 6657, June 10, 1988 (Comprehensive Agrarian Reform Law) – An act which became
effective June 15, 1988 and instituted a comprehensive agrarian reform program to promote social
justice and industrialization providing the mechanism for its implementation and for other purposes.
This law is still the one being implemented at present.
f. Executive Order No. 405, June 14, 1990 – Vested in the Land Bank of the Philippines the responsibility
to determine land valuation and compensation for all lands covered by CARP.
g. Executive Order No. 407, June 14, 1990 – Accelerated the acquisition and distribution of agricultural
lands, pasture lands, fishponds, agro-forestry lands and other lands of the public domain suitable for
agriculture.
When President Fidel V. Ramos formally took over in 1992, his administration came face to face with
publics who have lost confidence in the agrarian reform program. His administration committed to the
vision “Fairer, faster and more meaningful implementation of the Agrarian Reform Program.
a. Republic Act No. 7881, 1995 – Amended certain provisions of RA 6657 and exempted fishponds and
prawns from the coverage of CARP.
b. Republic Act No. 7905, 1995 – Strengthened the implementation of the CARP.
c. Executive Order No. 363, 1997 – Limits the type of lands that may be converted by setting conditions
under which limits the type of lands that may be converted by setting conditions under which specific
categories of agricultural land are either absolutely non-negotiable for conversion or highly restricted for
conversion.
d. Republic Act No. 8435, 1997 (Agriculture and Fisheries Modernization Act AFMA) – Plugged the legal
loopholes in land use conversion.
e. Republic Act 8532, 1998 (Agrarian Reform Fund Bill) – Provided an additional Php50 billion for CARP
and extended its implementation for another 10 years.
“ERAP PARA SA MAHIRAP’. This was the battle cry that endeared President Joseph Estrada and made
him very popular during the 1998 presidential election.
a. Executive Order N0. 151, September 1999 (Farmer’s Trust Fund) – Allowed the voluntary
consolidation of small farm operation into medium and large scale integrated enterprise that can access
long-term capital.
During his administration, President Estrada launched the Magkabalikat Para sa Kaunlarang Agraryo or
MAGKASAKA. The DAR forged into joint ventures with private investors into agrarian sector to make FBs
competitive. However, the Estrada Administration was short lived. The masses who put him into office
demanded for his ouster.
The agrarian reform program under the Arroyo administration is anchored on the vision “To make the
countryside economically viable for the Filipino family by building partnership and promoting social
equity and new economic opportunities towards lasting peace and sustainable rural development.”
a. Land Tenure Improvement - DAR will remain vigorous in implementing land acquisition and
distribution component of CARP. The DAR will improve land tenure system through land distribution and
leasehold.
b. Provision of Support Services - CARP not only involves the distribution of lands but also included
package of support services which includes: credit assistance, extension services, irrigation facilities,
roads and bridges, marketing facilities and training and technical support programs.
c. Infrastrucre Projects - DAR will transform the agrarian reform communities (ARCs), an area focused
and integrated delivery of support services, into rural economic zones that will help in the creation of
job opportunities in the countryside.
d. KALAHI ARZone - The KALAHI Agrarian Reform (KAR) Zones were also launched. These zones consists
of one or more municipalities with concentration of ARC population to achieve greater agro-
productivity.
e. Agrarian Justice - To help clear the backlog of agrarian cases, DAR will hire more paralegal officers to
support undermanned adjudicatory boards and introduce quota system to compel adjudicators to work
faster on agrarian reform cases. DAR will respect the rights of both farmers and landowners.
President Benigno Aquino III vowed during his 2012 State of the Nation Address that he would complete
before the end of his term the Comprehensive Agrarian Reform Program (CARP), the centerpiece
program of the administration of his mother, President Corazon Aquino.
The younger Aquino distributed their family-owned Hacienda Luisita in Tarlac. Apart from the said farm
lots, he also promised to complete the distribution of privately-owned lands of productive agricultural
estates in the country that have escaped the coverage of the program.
Under his administration, the Agrarian Reform Community Connectivity and Economic Support Services
(ARCCESS) project was created to contribute to the overall goal of rural poverty reduction especially in
agrarian reform areas.
Agrarian Production Credit Program (APCP) provided credit support for crop production to newly
organized and existing agrarian reform beneficiaries’ organizations (ARBOs) and farmers’ organizations
not qualified to avail themselves of loans under the regular credit windows of banks.
The legal case monitoring system (LCMS), a web-based legal system for recording and monitoring
various kinds of agrarian cases at the provincial, regional and central offices of the DAR to ensure faster
resolution and close monitoring of agrarian-related cases, was also launched.
Aside from these initiatives, Aquino also enacted Executive Order No. 26, Series of 2011, to mandate the
Department of Agriculture-Department of Environment and Natural Resources-Department of Agrarian
Reform Convergence Initiative to develop a National Greening Program in cooperation with other
government agencies.
Under his leadership, the President wants to pursue an “aggressive” land reform program that would
help alleviate the life of poor Filipino farmers by prioritizing the provision of support services alongside
land distribution.
The President directed the DAR to launch the 2nd phase of agrarian reform where landless farmers
would be awarded with undistributed lands under the Comprehensive Agrarian Reform Program (CARP).
Duterte plans to place almost all public lands, including military reserves, under agrarian reform.
The President also placed 400 hectares of agricultural lands in Boracay under CARP.
Under his administration the DAR created an anti-corruption task force to investigate and handle reports
on alleged anomalous activities by officials and employees of the department.
The Department also pursues an “Oplan Zero Backlog” in the resolution of cases in relation to agrarian
justice delivery of the agrarian reform program to fast-track the implementation of CARP.
Comprehension Check:
1. What served as the medium of exchange during the Pre-Spanish Period? (5 points)
2. What concept did the Spaniards introduced to the Philippines during the Spanish Period? (5 points)
3. During the First Philippine Republic, what was the plan of Aguinaldo that was never implemented? (5
points)
5. In your own perspective, During the Philippine Republic, whose administration mostly benefited the
Filipinos in the agrarian sector? Why? (10 points)