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Agrarian Reform (Notes)

1) The document discusses the history of land ownership and social classes in the Philippines from the pre-Spanish period through the Commonwealth period. 2) During this time period there were significant changes to land ownership and legislation, including the introduction of the encomienda system by the Spanish that eventually led to abuse and high rents for natives, and land reform laws passed during the American and Commonwealth periods aimed at regulating relationships between landowners and tenants. 3) Key legislations established systems like homesteading, land registration under Torrens, and rice tenancy laws to protect tenants, though implementation was still imperfect.
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0% found this document useful (0 votes)
146 views

Agrarian Reform (Notes)

1) The document discusses the history of land ownership and social classes in the Philippines from the pre-Spanish period through the Commonwealth period. 2) During this time period there were significant changes to land ownership and legislation, including the introduction of the encomienda system by the Spanish that eventually led to abuse and high rents for natives, and land reform laws passed during the American and Commonwealth periods aimed at regulating relationships between landowners and tenants. 3) Key legislations established systems like homesteading, land registration under Torrens, and rice tenancy laws to protect tenants, though implementation was still imperfect.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Pre-Spanish Period American Period

“This land is Ours God gave this land to us” “Long live America”
Significant legislation enacted during the
Chief or Datus American Period:
- ruled the villages or barangays where
a. Philippine Bill of 1902
the Filipinos lived, before the Spaniards
set the ceilings on the hectarage of private
came
individuals and corporations may acquire:
- comprised the nobility
• 16 has. - private individuals
• 1,024 has. – corporations
a. Maharlika (freemen)
b. Aliping Mamamahay (serfs) b. Land Registration Act of 1902 (Act No. 496)
c. Aliping Saguiguilid (slaves) provided for a comprehensive registration
of land titles under the Torrens system
However, despite the existence of different
c. Public Land Act of 1903
classes in the social structure, practically
introduced the homestead system in the
everyone had access to the fruits of the soil.
Philippines.

Money was unknown, and rice served as the d. Tenancy Act of 1933 (Act No. 4054 and 4113)
medium of exchange. regulated relationships between
landowners and tenants of rice (50-50
------------------------------------------------ sharing) and sugar cane lands.

Spanish Period The Torrens system


“United we stand, divided we fall” - the Americans instituted for the
registration of lands
Encomienda (Royal Land Grants) - did not solve the problem completely

- introduced by the Spaniards Either they were not aware of the law or if
- system grants that Encomienderos must they did, they could not pay the survey cost
and other fees required in applying for a
a. defend his encomienda from external Torrens title
attack,
b. maintain peace and order within ------------------------------------------------
c. support the missionaries.
In turn, the encomiendero acquired the Commonwealth Period
right to collect tribute from the indios “Government for the Filipinos”
(native) "Social Justice" program
- this degenerated into abuse of power - espoused by President Manuel L. Quezon
to arrest the increasing social unrest in
o The tribute soon became land rents to a Central Luzon
few powerful landlords.
Significant legislation enacted during
Commonwealth Period:
o The natives who once cultivated the lands
in freedom were transformed into mere a. 1935 Constitution
"The promotion of social justice to ensure
share tenants.
the well-being and economic security of all
people should be the concern of the State"
------------------------------------------------
b. Commonwealth Act No. 178
First Philippine Republic - “An Amendment to Rice Tenancy Act
“The yoke has finally broken” No. 4045”
- Nov. 13, 1936
- established by Gen. Emilio Aguinaldo in - provided for certain controls in the
1899 landlord-tenant relationships
- declared the Malolos Constitution to
confiscate large estates, especially the c. National Rice and Corn Corporation
so-called Friar lands (NARIC), 1936
- was short-lived so Aguinaldo’s plan was established the price of rice and corn
never implemented thereby help the poor tenants as well as
consumers.
------------------------------------------------
d. Commonwealth Act. No. 461, 1937 – II. Elpidio R. Quirino (1948-1953) enacted the
Specified reasons for the dismissal of tenants following law:
and only with the approval of the Tenancy
Executive Order No. 355
Division of the Department of Justice.
- issued on October 23, 1950
e. Rural Program Administration - replaced the National Land Settlement
- created March 2, 1939 Administration with Land Settlement
- provided the purchase and lease of Development Corporation (LASEDECO)
hacienda → takes over the responsibilities of
- their sale and lease to the tenants the Agricultural Machinery
Equipment Corporation and the
f. Commonwealth Act No. 441 Rice and Corn Production
- enacted on June 3, 1939 Administration
- created the National Settlement
Administration with a capital stock of III. Ramon Magsaysay (1953-1957) enacted
P20,000,000 the following laws:

------------------------------------------------ a. Republic Act No. 1160 of 1954


- abolished the LASEDECO
Japanese Occupation - established the National Resettlement
“The Era of Hukbalahap” and Rehabilitation Administration
(NARRA) to resettle dissidents and
World War II
- started in Europe in 1939 landless farmers.
- particularly aimed at rebel returnees
- in the Pacific in 1941
providing home lots and farmlands in
Hukbalahap Palawan and Mindanao.
- controlled whole areas of Central Luzon b. Republic Act No. 1199
- landlords who supported the Japanese - “Agricultural Tenancy Act of 1954”
lost their lands to peasants - governed the relationship between
- those who supported the Huks earned landowners and tenant farmers by
fixed rentals in favor of the tenants organizing share-tenancy and
- Tend of war also signaled the end of leasehold system
gains acquired by the peasants. - provided the security of tenure of
tenants
1942 - created the Court of Agrarian
Relations.
- the arrival of the Japanese in the country
- peasants and workers organizations grew c. Republic Act No. 1400
strength - “Land Reform Act of 1955”
- many peasants took up arms and - created the Land Tenure
identified themselves with the Administration (LTA)
anti-Japanese group, the HUKBALAHAP → responsible for the acquisition and
(Hukbo ng Bayan Laban sa Hapon) distribution of large tenanted rice
and corn lands over
1
200 hectares for individuals
------------------------------------------------ 2
600 hectares for corporations

Philippine Republic: “The New Republic” d. Republic Act No. 821


- Creation of Agricultural Credit
After the establishment of the Philippine Cooperative Financing Administration
Independence in 1946, the problems of land - provided small farmers and share
tenure remained. tenants loans with low interest rates of
six (6%) to eight percent (8%)
These became worst in certain areas. Thus the
Congress of the Philippines revised the
IV. President Carlos P. Garcia (1957-1961)
tenancy law.
Continued the program of President
I. Pres. Manuel A. Roxas (1946-1948) enacted Ramon Magsaysay
the following laws:
No new legislation passed
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
V. Pres. Diosdado P. Macapagal (1961- VII. President Corazon C. Aquino (1986-1992)
1965) enacted the following law:
Republic Act No. 3844 of August 8, 1963 The Constitution ratified by the Filipino
people during the administration of
- “Agricultural Land Reform Code”
President Corazon C. Aquino provides
- abolished share tenancy under Section 21 under Article II that
- institutionalized leasehold
“The State shall promote comprehensive
- set retention limit at 75 hectares rural development and agrarian reform.”
- invested rights of preemption and
redemption for tenant farmers Republic Act No. 6657
- provided for an administrative - “Comprehensive Agrarian Reform Law
machinery for implementation (CARL)”
- institutionalized a judicial system of - signed by former Pres. Corazon C.
agrarian cases Aquino on June 10, 1988
- became effective on June 15, 1988
- incorporated extension, marketing
and supervised credit system of Subsequently, four (4) Presidential
services of farmer beneficiaries issuances were released in July 1987 after
- was hailed as one that would 48 nationwide consultations before the
emancipate Filipino farmers from the actual law was enacted.
bondage of tenancy
President Corazon C. Aquino enacted the
VI. Pres. Ferdinand E. Marcos (1965-1986) following laws:
Proclamation No. 1081 a. Executive Order No. 228 (July 16, 1987)
- September 21, 1972 - declared full ownership to qualified
- ushered the Period of the New Society farmer-beneficiaries covered by PD 27
- determined the value remaining
Five (5) days after the proclamation of
unvalued rice and corn lands subject of
Martial Law, the entire country was
PD 27
proclaimed a land reform area and
- provided for the manner of payment by
simultaneously the Agrarian Reform
the FBs and mode of compensation to
Program was decreed landowners

b. Executive Order No. 229 (July 22, 1987)


President Marcos enacted the following laws:
- provided mechanism for the
a. Republic Act No. 6389 implementation of the Comprehensive
- “Code of Agrarian Reform” Agrarian Reform Program (CARP)
- RA No. 6390 of 1971
c. Proclamation No. 131 (July 22, 1987)
- created the Department of Agrarian
Reform & the Agrarian Reform Special - instituted the CARP as a major program
Account Fund of the government
- strengthen the position of farmers and - provided for a special fund known as
the Agrarian Reform Fund (ARF)
expanded the scope of agrarian reform.
→ with an initial amount of Php50
b. Presidential Decree No. 2 billion to cover the estimated cost of
- September 26, 1972 the program from 1987-1992
- declared the country under land d. Executive Order No. 129-A (July 26, 1987)
reform program
- enjoined all agencies and offices of - streamlined and expanded the power
the government to extend full and operations of the DAR
cooperation and assistance to the e. Republic Act No. 6657 (June 10, 1988)
Department of Agrarian Reform (DAR)
- “Comprehensive Agrarian Reform Law”
- activated the Agrarian Reform - became effective June 15, 1988
Coordinating Council. - instituted a comprehensive agrarian
c. Presidential Decree No. 27 reform program
→ to promote social justice and
- October 21, 1972
industrialization providing the
- restricted land reform scope to
mechanism for its implementation
tenanted rice and corn lands
and for other purposes.
- set the retention limit at 7 hectares - this law is still the one being implemented
at present
f. Executive Order No. 405 (June 14, 1990) IX. Pres. Joseph E. Estrada (1998-2000)
- vested in the Land Bank of the
“Erap para sa mahirap”
Philippines the responsibility
→ to determine land valuation - the battle cry that endeared President
→ compensation for all lands Joseph Estrada
covered by CARP - made him very popular during the 1998
presidential election
g. Executive Order No. 407 (June 14, 1990)
- accelerated the acquisition and - launched the “Magkabalikat Para sa
distribution of agricultural lands, pasture Kaunlarang Agraryo or MAGKASAKA”
lands, fishponds, agro-forestry lands - DAR forged into joint ventures with private
and other lands of the public domain investors into agrarian section to make FBs
suitable for agriculture competitive
- was short lives because the mass
VIII. President Fidel V. Ramos (1992-1998) demanded for his ouster

1992 President Joseph E. Estrada initiated the


enactment of the following law:
- formally took over and his administration
came face to face with publics who Executive Order N0. 15 (September 1999)
have lost confidence in the agrarian - “Farmer’s Trust Fund”
reform program - alowed the voluntary consolidation of
- administration committed to the vision small farm operation into medium and
“Fairer, faster and more meaningful large scale integrated enterprise that can
implementation of the Agrarian Reform access long-term capital
Program”

X. President Gloria Macapacal-Arroyo


President Fidel V. Ramos enacted the following (2000-2010)
laws:
a. Republic Act No. 7881 (1995) Anchored on the vision for Agrarian Reform:
“To make the countryside economically viable
amended certain provisions of RA 6657 and
for the Filipino family by building partnership
exempted fishponds and prawns from the
and promoting social equity and new
coverage of CARP
economic opportunities towards lasting peace
b. Republic Act No. 7905 (1995) and sustainable rural development.”
strengthened the implementation of the Land Tenure Improvement
CARP.
- DAR will remain vigorous in implementing
c. Executive Order No. 363 (1997) land acquisition and distribution
limits the type of lands that may be component of CARP.
converted by setting conditions under - DAR will improve land tenure system
which limits the type of lands that may be through land distribution and leasehold.
converted Provision of Support Services
by setting conditions under which specific CARP not only involves the distribution of lands
categories of agricultural land are but also included package of support services
- either absolutely non-negotiable for which includes:
conversion a. credit assistance
- highly restricted for conversion. b. extension services
d. Republic Act No. 8435 (1997) c. irrigation facilities
d. roads and bridge
“Agriculture and Fisheries Modernization Act e. marketing facilities & training
(AFMA)” f. technical support programs.
plugged the legal loopholes in land use
Infrastructure Projects
conversion
DAR will transform the agrarian reform
e. Republic Act 8532 (1998) communities (ARCs):
“Agrarian Reform Fund Bill” an area focused and integrated delivery of
support services,
provided an additional Php50 billion for
CARP and extended its implementation for into rural economic zones that will help in the
another 10 years. creation of job opportunities in the
countryside.
KALAHI ARZone Agrarian Production Credit Program
- KALAHI Agrarian Reform (KAR) Zones were (APCP) provided credit support for:
also launched a. crop production to newly organized &
- these zones consists of one or more existing agrarian reform beneficiaries’
municipalities with concentration of ARC organizations (ARBOs)
population to achieve greater agro- b. farmers’ organizations not qualified to
productivity. avail themselves of loans under the
Agrarian Justice regular credit windows of banks.
- to help clear the backlog of agrarian The legal case monitoring system (LCMS
cases, DAR will hire more paralegal officers
- a web-based legal system for recording &
- to support undermanned adjudicatory
monitoring various kinds of agrarian cases
boards and introduce quota system
at the provincial, regional & central
- to compel adjudicators to work faster on
offices of the DAR
agrarian reform cases
- launched to ensure faster resolution &
- DAR will respect the rights of both farmers
and landowners. close monitoring of agrarian-related
cases
XI. Pres. Benigno Aquino III (2010-2016)
XII. President Rodrigo Roa Duterte
- vowed during his 2012 State of the (2016 – present)
Nation Address that he would complete - wants to pursue an “aggressive” land
before the end of his term the reform program that would help
Comprehensive Agrarian Reform alleviate the life of poor Filipino farmers
Program (CARP) → by prioritizing the provision of support
→ the centerpiece program of the services alongside land distribution
administration of his mother,
- directed the DAR to launch the
President Corazon Aquino.
2nd phase of agrarian reform where
- the younger Aquino distributed their
→ landless farmers would be awarded
family-owned Hacienda Luisita in
with undistributed lands under the
Tarlac.
Comprehensive Agrarian Reform
- apart from the said farm lots, he also
Program (CARP)
promised
→ to complete the distribution of - plans to place almost all public lands,
privately-owned lands of productive including military reserves, under
agricultural estates in the country agrarian reform
that have escaped the coverage of - placed 400 hectares of agricultural
the program lands in Boracay under CARP

Executive Order No. 26 Series of 2011 Under his administration:


the DAR created an anti-corruption task force
enacted by Aquino to mandate the
- to investigate and handle reports on
a. Department of Agriculture-
alleged anomalous activities by officials
Department of Environment
and employees of the department
b. Natural Resources-Department of
- pursues an “Oplan Zero Backlog” in the
Agrarian Reform Convergence
Initiative resolution of cases in relation to agrarian
justice delivery of the agrarian reform
to develop a National Greening Program in
program to fast-track the implementation
cooperation with other government
of CARP
agencies
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.

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