Agrarian Reform

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Agrarian Reform

“This land is Ours God


gave this land to us”

Pre-Spanish Period
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 (freemen),
followed by the aliping mamamahay (serfs)
Pre-Spanish and aliping saguiguilid (slaves).

Period 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.
“United we stand,
divided we fall”

Spanish Period
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
Spanish the right to collect tribute from the indios (native).

Period
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.
“The yoke has finally
broken”

First Philippine Republic


• When the First Philippine Republic was
established in 1899, Gen. Emilio Aguinaldo
First declared in the Malolos Constitution his
intention to confiscate large estates, especially
Philippine the so-called Friar lands.

Republic • However, as the Republic was short-lived,


Aguinaldo’s plan was never implemented.
American Period

“Long live America”


Significant legislation enacted during the American Period:

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.

American Land Registration Act of 1902 (Act No. 496) – Provided for a
comprehensive registration of land titles under the Torrens
Period system.
Public Land Act of 1903 – introduced the homestead system
in the Philippines.

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
American Period 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.
“Government for the
Filipinos”

Commonwealth Period
• President Manuel L. Quezon espoused the "Social
Justice" program to arrest the increasing social unrest
in Central Luzon.
• Significant legislation enacted during Commonwealth
Period:

Commonwealth • 1935 Constitution – "The promotion of social justice


to ensure the well-being and economic security of all

Period people should be the concern of the State"


• Commonwealth Act No. 178 (An Amendment to Rice
Tenancy Act No. 4045), Nov. 13, 1936 – Provided for
certain controls in the landlord-tenant relationships
• National Rice and Corn Corporation (NARIC), 1936 –
Established the price of rice and corn thereby help
the poor tenants as well as consumers.
• 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.
Commonwealth • Rural Program Administration, created March 2, 1939
– Provided the purchase and lease of haciendas and
Period their sale and lease to the tenants.
Commonwealth Act No. 441 enacted on June 3, 1939
– Created the National Settlement Administration
with a capital stock of P20,000,000.
Japanese Occupation
• 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.
Japanese • Unfortunately, the end of war also signaled the end of

Occupation 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).
Philippine
Republic
• After the establishment of the Philippine
The Philippine Independence in 1946, the problems of
land tenure remained. These became
Republic worst in certain areas. Thus the Congress
of the Philippines revised the tenancy law.
Republic Act No. 34 --
Established the 70-30 sharing
arrangements and regulating
President share-tenancy contracts.
Manuel A.
Roxas (1946-
Republic Act No. 55 -- Provided
1948) for a more effective safeguard
against arbitrary ejectment of
tenants.
• Executive Order No. 355 issued on
October 23, 1950 -- Replaced the National
Elpidio R. Land Settlement Administration with Land
Settlement Development Corporation
Quirino (1948- (LASEDECO) which takes over the
1953) responsibilities of the Agricultural
Machinery Equipment Corporation and the
Rice and Corn Production Administration.
• 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.
• Republic Act No. 1199 (Agricultural Tenancy Act of 1954)
Ramon -- governed the relationship between landowners and
tenant farmers by organizing share-tenancy and leasehold

Magsaysay
system. The law provided the security of tenure of
tenants. It also created the Court of Agrarian Relations.
• Republic Act No. 1400 (Land Reform Act of 1955) --
(1953-1957) 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.
• 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.
• 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
President of preemption and redemption for tenant
farmers, provided for an administrative
Diosdado P. machinery for implementation,
institutionalized a judicial system of agrarian
Macapagal cases, incorporated extension, marketing and
(1961-1965) 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.
• President Marcos enacted the following laws:

President • Republic Act No. 6389, (Code of Agrarian Reform) and RA


No. 6390 of 1971 -- Created the Department of Agrarian
Ferdinand E. Reform and the Agrarian Reform Special Account Fund. It
strengthen the position of farmers and expanded the

Marcos (1965-
scope of agrarian reform.
• Presidential Decree No. 2, September 26, 1972 --

1986) 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.
• 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
President development and agrarian reform.”
• On June 10, 1988, former President Corazon C.
Corazon C. Aquino signed into law Republic Act No. 6657 or
otherwise known as the Comprehensive Agrarian
Aquino Reform Law (CARL). The law became effective on
June 15, 1988.
(1986-1992) • Subsequently, four Presidential issuances were
released in July 1987 after 48 nationwide
consultations before the actual law was enacted.
• 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.
• Executive Order No. 229, July 22, 1987 – Provided mechanism for
the implementation of the Comprehensive Agrarian Reform
President Corazon Program (CARP).
C. Aquino (1986- • Proclamation No. 131, July 22, 1987 – Instituted the CARP as a
1992) 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.
• Executive Order No. 129-A, July 26, 1987 – streamlined and
expanded the power and operations of the DAR.
• 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

President mechanism for its implementation and for other


purposes. This law is still the one being implemented
at present.
Corazon C. • Executive Order No. 405, June 14, 1990 – Vested in

Aquino the Land Bank of the Philippines the responsibility to


determine land valuation and compensation for all

(1986-1992)
lands covered by CARP.
• 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
President meaningful implementation of the Agrarian
Reform Program.
Fidel V. • President Fidel V. Ramos enacted the following
Ramos laws:
• Republic Act No. 7881, 1995 – Amended certain
(1992-1998) provisions of RA 6657 and exempted fishponds
and prawns from the coverage of CARP.
• Republic Act No. 7905, 1995 – Strengthened the
implementation of the CARP.
• 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
President Fidel absolutely non-negotiable for conversion or
highly restricted for conversion.
V. Ramos • Republic Act No. 8435, 1997 (Agriculture and
Fisheries Modernization Act AFMA) –
(1992-1998) Plugged the legal loopholes in land use
conversion.
• 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.
• President Joseph E. Estrada initiated the enactment of
the following law:
• Executive Order N0. 151, September 1999 (Farmer’s
President Trust Fund) – Allowed the voluntary consolidation of
small farm operation into medium and large scale
Joseph E. integrated enterprise that can access long-term
capital.
Estrada (1998- • During his administration, President Estrada launched
the Magkabalikat Para sa Kaunlarang Agraryo or
2000) 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.”
President • Land Tenure Improvement - DAR will remain vigorous in
implementing land acquisition and distribution component of
Gloria CARP. The DAR will improve land tenure system through land
distribution and leasehold.

Macapacal- • Provision of Support Services - CARP not only involves the


distribution of lands but also included package of support services

Arroyo (2000- which includes: credit assistance, extension services, irrigation


facilities, roads and bridges, marketing facilities and training and
technical support programs.
2010) • 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.
• KALAHI ARZone - The KALAHI Agrarian Reform
(KAR) Zones were also launched. These zones
consists of one or more municipalities with
President concentration of ARC population to achieve
greater agro-productivity.
Gloria • Agrarian Justice - To help clear the backlog of
Macapacal- agrarian cases, DAR will hire more paralegal
officers to support undermanned
Arroyo (2000- adjudicatory boards and introduce quota
2010) 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.
President • The younger Aquino distributed their family-owned

Benigno Hacienda Luisita in Tarlac. Apart from the said farm


lots, he also promised to complete the distribution
of privately-owned lands of productive agricultural
Aquino III estates in the country that have escaped the
coverage of the program.
(2010-2016) • 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.
President • The legal case monitoring system (LCMS), a web-based
legal system for recording and monitoring various
Benigno kinds of agrarian cases at the provincial, regional and
central offices of the DAR to ensure faster resolution
Aquino III and close monitoring of agrarian-related cases, was
also launched.

(2010-2016) • 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
President land distribution.
• The President directed the DAR to launch

Rodrigo Roa the 2nd phase of agrarian reform where


landless farmers would be awarded with
undistributed lands under the
Duterte (2016 – Comprehensive Agrarian Reform Program
(CARP).

present) • 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
President investigate and handle reports on alleged
anomalous activities by officials and
Rodrigo Roa employees of the department.
• The Department also pursues an “Oplan
Duterte (2016 Zero Backlog” in the resolution of cases in
relation to agrarian justice delivery of the

– present)  agrarian reform program to fast-track the


implementation of CARP.

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