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Agrarian Reform
refersto a series of government-initiated
programs and policies aimed at redistributing land ownership and improving agricultural productivity, especially in areas where land is concentrated in the hands of a few landowners, often to the detriment of small farmers and rural workers. Theprimary goal of agrarian reform is to address issues of land inequality, improve the living standards of peasants or small landholders, and ensure that land is more equitably distributed. In many countries, agrarian reform includes: 1. Redistribution of Land: Government acquisition of large estates (haciendas, plantations) to redistribute smaller parcels to landless farmers or tenants. 2. Support for Beneficiaries: Providing financial assistance, technical support, and access to credit for new landowners to help them become productive and self-sufficient. 3. Land Tenure Security: Strengthening the rights of tenants and small landholders by offering legal ownership or secure lease agreements. 4. Agricultural Modernization: Introducing better farming practices, infrastructure development, and technology to enhance productivity on redistributed lands. The History of Agrarian Reforms in the Philippines 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. 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. Spanish Period When the Spaniards came to the Philippines, the concept of encomienda (Royal Land Grants) was introduced. Maura Decree (also known as the Royal Decree of 1894), was a land reform law named after Don Antonio Maura. The decree was aimed at organizing land ownership and formalizing the claims of landowners by requiring the registration of all lands under individual or communal ownership in the span of one year. Pueblo was a local administrative center governed by a gobernadorcillo (a local Filipino) and the principalia (the town’s elite or ruling class). These officials were responsible for implementing Spanish colonial Spanish Period Reducción, where scattered rural populations were forcibly resettled into centralized towns or villages. Church-Centered Design: Pueblos were typically organized around a central plaza, with the church and the municipal hall (tribunal) being the focal points of the community. Surrounding the plaza were the homes of the principalia, and farther out were the common people’s houses. This layout symbolized the central role of the Church and Spanish authority in the life of the town. Inquilinos were a class of tenants or leaseholders who rented large tracts of agricultural land, often from religious orders or Spanish landowners, and managed the cultivation and production of these First Philippine Republic
The First Philippine Republic was established on
January 23, 1899. It is also known as the Malolos Republic, named after the town of Malolos, Bulacan, where its constitution was drafted and proclaimed. The First Philippine Republic was the first independent republic in Asia, marking a significant moment in Philippine history as it declared independence from Spanish colonial rule. 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. American Period Significant legislation enacted during the American Period: Philippine Bill of 1902 – Set the ceilings on the hectarage: 16 hectares for private individuals and 1,024 hectares for corporations. Land Registration Act of 1902 (Act No. 496) – Provided for a comprehensive registration of land titles under the Torrens Title System (Sir Robert Richard Torrens). Cadastral Act - need of certification/title as registered land. (The word "cadastre" is derived from the French word cadastre, which itself comes from the Greek word katástikhon, meaning a American Period Public Land Act of 1903 – introduced the homestead system in the Philippines. - Under the Homestead Act, individuals were allowed to apply for public agricultural land up to 24 hectares. The applicants had to cultivate the land and make improvements over a specific period (often five years) to gain full ownership. 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. Commonwealth Period President Manuel L. Quezon espoused the "Social Justice" program to arrest the increasing social unrest in Central Luzon. The Social Justice Program in the Philippines refers to a series of policies and initiatives aimed at addressing social inequalities and promoting the welfare of marginalized and disadvantaged groups. It encompasses various sectors, including land reform, housing, education, health, and labor rights, with a focus on uplifting the living conditions of the poor and ensuring equitable access to resources and opportunities. Commonwealth Period Commonwealth Act No. 178, enacted on November 30, 1936, is a significant piece of legislation in the Philippines that pertains to agrarian reform. It is also known as the Agricultural Tenancy Law. The act was introduced to address the issues surrounding land tenancy and the rights of tenant farmers in the country. (50-50 tenant-landlord relation) Regulation of 10% interest - This regulation helped ensure that tenants could manage their debts and maintain their livelihoods without being overwhelmed by high-interest obligations. No dismissal of tenants Contract for 1 year only Commonwealth Period 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. Rural Program Administration, created March 2, 1939 – Its primary goal was to promote rural development by addressing issues related to poverty, landlessness, and agricultural productivity. It aimed to uplift the lives of rural residents and enhance agricultural output. Japanese Occupation 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). 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. Philippine Republic 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. President Manuel A. Roxas (1946-1948) enacted the following laws: Republic Act No. 34 -- Established the 70-30 sharing arrangements and regulating share-tenancy contracts. Republic Act No. 55 -- Provided for a more effective safeguard against arbitrary ejectment of tenants. Elpidio R. Quirino (1948-1953) enacted the following law: Executive Order No. 355 issued on October 23, 1950 -- Replaced the National Land Settlement Administration with Land Settlement Development Corporation (LASEDECO) Philippine Republic Ramon Magsaysay (1953-1957) enacted the following laws: 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) -- 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. 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. 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. Philippine Republic President Carlos P. Garcia (1957-1961) Continued the program of President Ramon Magsaysay. No new legislation passed. President Diosdado P. Macapagal (1961-1965) enacted the following law: 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 Philippine Republic President Ferdinand E. Marcos (1965-1986) 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. 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. 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. Agrarian Reform Special Fund Act (Republic Act No. 6390) -- The Act aimed to create a special fund to support various aspects of the agrarian reform program, including land acquisition, distribution, development of Philippine Republic President Corazon C. Aquino (1986-1992) 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. Philippine Republic President Corazon C. Aquino enacted the following laws: 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 Program (CARP). 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. Executive Order No. 129-A, July 26, 1987 – streamlined and expanded the power and operations of the DAR. Philippine Republic 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. 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. 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. Philippine Republic President Fidel V. Ramos (1992-1998) 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. • Executive Order No. 363, 1997 – 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. • Republic Act No. 8435, 1997 (Agriculture and Fisheries Modernization Act AFMA) – enacted to modernize the agriculture and fisheries sectors in the Philippines to increase productivity, profitability, and competitiveness. Philippine Republic President Joseph E. Estrada (1998-2000) ExecutiveOrder 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. Philippine Republic President Gloria Macapacal-Arroyo (2000-2010) 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. 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. Philippine Republic 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 concentration of ARC population to achieve greater agro-productivity. 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 Philippine Republic President Benigno Aquino III (2010-2016) 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 Philippine Republic 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. 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