READINGS IN PHILIPPINE HISTORY

AGRARIAN REFORM IN THE PHILIPPINES

Pre-colonial Times: Land Ownership Luwaran was one of the oldest written laws
of the Muslim society which contains
Land was commonly owned by the
provision on the lease of cultivated lands:
community known as barangay. This is a
there was no record how this lease
small unit of government consisting of 30-
arrangement was practiced.
100 families administered by the chiefs.
Everyone in the barangay regardless of Spanish Era:
status had access on the land and mutually
Land Cultivation- The colonial government
shares resources and the fruits of their
at this period introduced a pueblo
labor.
agriculture, a system wherein native rural
They believed in and practiced the concept communities were organized into pueblo
of "stewardship" where relationship and each Christianized native family is given
between man and nature is important. a four to five hectares of land to cultivate.
The pueblo agriculture practiced no share
Land Cultivation
cropper class or landless class.
Land cultivation was done commonly by
Land Ownership- The native families were
kaingin system or the slash and burn
merely landholders and not landowners. By
method wherein land was cleared by
law, the land assigned to them was the
burning the bushes before planting the
property of the Spanish King where they
crops or either land was plowed and
pay their colonial tributes to the Spanish
harrowed before planting.
authorities in the form of agricultural
Pre-colonial Times: products they produced.
Economic System- Food production was Origin of Agricultural Tenancy-Through the
intended for family consumption only. Laws of the Indies, the Spanish crown
Later, neighboring communities where awarded vast tracts of land to wit:
engaged in a barter trade. exchanging their
1) Friar lands for the religious orders:
goods with others. Some even traded their
agricultural products with luxury items of 2) Repartiamentos for lands granted to the
some foreign traders like Chinese. Arabs Spanish military as a reward for their
and Europeans service: and
Leasing and Selling of Lands - The Maragtas 3) Encomienda-Large tracts of land given to
Code seems to be the only recorded Spaniards (encomiendero) to manage and
transaction of land sale during this time This have the right to receive tributes from the
tells us about the selling of the Panay Island natives tilling it.
by the natives to the ten Bornean datus in
Natives within these areas became mere
exchange of a golden salakot and a long
tillers working for a share of crops. They did
gold necklace -Although the Code of
not even have any rights to the land
READINGS IN PHILIPPINE HISTORY
AGRARIAN REFORM IN THE PHILIPPINES
Evolution of the Hacienda System- At the the lands they have been cultivating for
beginning of the 19th century, the centuries or were forced to become tillers.
Philippines as a colony of Spain
Laws for Registration of Lands and Property
Implemented policies that would
mainstream the country into the world of 1) The Ley Hipotecaria or the Mortgage Law
capitalism. - The economy was opened to of 1893 provided the systematic
the world market as exporter of raw registration of titles and deeds as well as
materials and importer of finished goods, ownership claims mainly a law on
The agricultural exports were mandated registration of properties rather than a
and hacienda system was developed as a mortgage law
new form of ownership. - More people lost 2) The Maura Law or Royal Decree of 1894
their lands and were forced to become was the last Spanish Land Law promulgated
tillers. in the Philippines farmers and landholders
Encomienda System- Abusive were given one year to their agricultural
encomienderos collected more tributes that lands to avoid declaration of it as a state
became the land rentals from the natives property
living in the area. Revolutionary Highlights- As more tillers
A compras y vandalas system was practiced were abused, exploited and deprived of
wherein tillers were made to compulsory their rights, the revolution of peasants and
sell at a very low price or surrender their farmers in 1896 articulated their aspirations
agricultural harvests to Spanish authorities for agrarian reform and for a just society.
where encomienderos can resell it for a Women also fought for freedom and played
profit. People of the encomiendas were also an important role in the planning and
required to render personal services on implementing the activities of the
public and religious work and as a revolutionary movements.
household help to the encomienderos Revolt- The revolutionary government
Limitation of Land Ownership- The Spanish confiscated the large landed estates,
crown made a law in 1865 ordering especially the friar lands and declared these
landholders to register their landholdings. as properties of the government. (Malolos
Constitution, 1896. Article XVII).
- Only those who were aware of these
decrees benefited. Ancestral lands were Purpose of agrarian reform?
claimed and registered in other people's ▸ Its goals are to provide landowners
names (Spanish officials, inquilinos and equality in terms of income and
opportunities empower land owner
beneficiaries to have equitable land
caciques or local chieftains). - As a result,
ownership, enhance agricultural production
many peasant families were driven out from
READINGS IN PHILIPPINE HISTORY
AGRARIAN REFORM IN THE PHILIPPINES
and productivity, provide employment to “United we stand, divided we fall”
more agricultural workers, and put an end
When the Spaniards came to the
to conflicts regarding land ownership.
Philippines, the concept of encomienda
The agrarian reform program under the (Royal Land Grants) was introduced. This
Arroyo administration is anchored on the system grants that Encomienderos must
vision "To make the countryside defend his encomienda from external
economically viable for the Filipino family attack, maintain peace and order within,
by building partnership and promoting and support the missionaries. In turn, the
social equity and new economic encomiendero acquired the right to collect
opportunities towards lasting peace and tribute from the indios (native).
sustainable rural development."
The system, however, degenerated into
What are the 3 components of agrarian abuse of power by the encomienderos The
reform? tribute soon became land rents to a few
powerful landlords. And the natives who
Land reform consists of three components :
once cultivated the lands in freedom were
reform of the land transformed into mere share tenants.
tenurial structure, First Philippine Republic
reform of the production structure and “The yoke has finally broken”
reform of the supporting services structure
When the First Philippine Republic was
Pre-Spanish Period established in 1899, Gen. Emilio Aguinaldo
“This land is Ours God gave this land to us” declared in the Malolos Constitution his
intention to confiscate large estates,
Before the Spaniards came to the especially the so-called Friar lands.
Philippines, Filipinos lived in villages or
barangays ruled by chiefs or datus. The However, as the Republic was short-lived,
datus comprised the nobility. Then came Aguinaldo’s plan was never implemented.
the maharlikas (freemen), followed by the American Period
aliping mamamahay (serfs) and aliping
“Long live America”
saguiguilid (slaves).
Significant legislation enacted during the
However, despite the existence of different
American Period:
classes in the social structure, practically
everyone had access to the fruits of the soil. Philippine Bill of 1902 – Set the ceilings on
Money was unknown, and rice served as the hectarage of private individuals and
the medium of exchange. corporations may acquire: 16 has. for
private individuals and 1,024 has. for
Spanish Period
corporations.
READINGS IN PHILIPPINE HISTORY
AGRARIAN REFORM IN THE PHILIPPINES
Land Registration Act of 1902 (Act No. 496) and corn thereby help the poor tenants as
– Provided for a comprehensive registration well as consumers.
of land titles under the Torrens system.
Commonwealth Act. No. 461, 1937 –
Public Land Act of 1903 – introduced the Specified reasons for the dismissal of
homestead system in the Philippines. tenants and only with the approval of the
Tenancy Division of the Department of
Tenancy Act of 1933 (Act No. 4054 and
Justice.
4113) – regulated relationships between
landowners and tenants of rice (50-50 Rural Program Administration, created
sharing) and sugar cane lands. March 2, 1939 – Provided the purchase and
lease of haciendas and their sale and lease
The Torrens system, which the Americans
to the tenants.
instituted for the registration of lands, did
Commonwealth Act No. 441 enacted on
not solve the problem completely. Either
June 3, 1939 – Created the National
they were not aware of the law or if they
Settlement Administration with a capital
did, they could not pay the survey cost and
stock of P20,000,000.
other fees required in applying for a Torrens
title. Japanese Occupation
Commonwealth Period “The Era of Hukbalahap”
“Government for the Filipinos” The Second World War II started in Europe
in 1939 and in the Pacific in 1941.
President Manuel L. Quezon espoused the
"Social Justice" program to arrest the Hukbalahap controlled whole areas of
increasing social unrest in Central Luzon. Central Luzon; landlords who supported the
Japanese lost their lands to peasants while
Significant legislation enacted during
those who supported the Huks earned fixed
Commonwealth Period:
rentals in favor of the tenants.
1935 Constitution – "The promotion of
Unfortunately, the end of war also signaled
social justice to ensure the well-being and
the end of gains acquired by the peasants.
economic security of all people should be
the concern of the State" Upon the arrival of the Japanese in the
Philippines in 1942, peasants and workers
Commonwealth Act No. 178 (An
organizations grew strength. Many peasants
Amendment to Rice Tenancy Act No. 4045),
took up arms and identified themselves
Nov. 13, 1936 – Provided for certain
with the anti-Japanese group, the
controls in the landlord-tenant relationships
HUKBALAHAP (Hukbo ng Bayan Laban sa
National Rice and Corn Corporation Hapon).
(NARIC), 1936 – Established the price of rice
Philippine Republic
READINGS IN PHILIPPINE HISTORY
AGRARIAN REFORM IN THE PHILIPPINES
“The New Republic” Republic Act No. 1199 (Agricultural Tenancy
Act of 1954) -- governed the relationship
After the establishment of the Philippine
between landowners and tenant farmers by
Independence in 1946, the problems of land
organizing share-tenancy and leasehold
tenure remained. These became worst in
system. The law provided the security of
certain areas. Thus the Congress of the
tenure of tenants. It also created the Court
Philippines revised the tenancy law.
of Agrarian Relations.
President Manuel A. Roxas (1946-
Republic Act No. 1400 (Land Reform Act of
1948) enacted the following laws:
1955) -- Created the Land Tenure
Republic Act No. 34 -- Established the 70-30 Administration (LTA) which was responsible
sharing arrangements and regulating share- for the acquisition and distribution of large
tenancy contracts. tenanted rice and corn lands over 200
Republic Act No. 55 -- Provided for a more hectares for individuals and 600 hectares
effective safeguard against arbitrary for corporations.
ejectment of tenants. Republic Act No. 821 (Creation of
Elpidio R. Quirino (1948-1953) enacted the Agricultural Credit Cooperative Financing
following law: Administration) -- Provided small farmers
and share tenants loans with low interest
Executive Order No. 355 issued on October rates of six to eight percent.
23, 1950 -- Replaced the National Land
Settlement Administration with Land Land Reform Act of 1955- to resolve the
Settlement Development Corporation growing feud between farmers and tenants.
(LASEDECO) which takes over the National Ressetlement and Rehabilitation
responsibilities of the Agricultural Administration (NARRA)
Machinery Equipment Corporation and the
President Carlos P. Garcia (1957-1961)
Rice and Corn Production Administration.
Continued the program of President Ramon
Ramon Magsaysay (1953-1957) enacted
Magsaysay. No new legislation passed.
the following laws:
President Diosdado P. Macapagal (1961-
Republic Act No. 1160 of 1954 -- Abolished
1965) enacted the following law:
the LASEDECO and established the National
Resettlement and Rehabilitation Republic Act No. 3844 of August 8, 1963
Administration (NARRA) to resettle (Agricultural Land Reform Code) --
dissidents and landless farmers. It was Abolished share tenancy, institutionalized
particularly aimed at rebel returnees leasehold, set retention limit at 75 hectares,
providing home lots and farmlands in invested rights of preemption and
Palawan and Mindanao. redemption for tenant farmers, provided
for an administrative machinery for
READINGS IN PHILIPPINE HISTORY
AGRARIAN REFORM IN THE PHILIPPINES
implementation, institutionalized a judicial The Constitution ratified by the Filipino
system of agrarian cases, incorporated people during the administration of
extension, marketing and supervised credit President Corazon C. Aquino provides under
system of services of farmer beneficiaries. Section 21 under Article II that “The State
shall promote comprehensive rural
The RA was hailed as one that would
development and agrarian reform.”
emancipate Filipino farmers from the
bondage of tenancy. On June 10, 1988, former President Corazon
C. Aquino signed into law Republic Act No.
Proclamation No. 1081 on September 21,
6657 or otherwise known as the
1972 ushered the Period of the New
Comprehensive Agrarian Reform Law
Society. Five days after the proclamation of
(CARL). The law became effective on June
Martial Law, the entire country was
15, 1988.
proclaimed a land reform area and
simultaneously the Agrarian Reform Subsequently, four Presidential issuances
Program was decreed. were released in July 1987 after 48
nationwide consultations before the actual
President Marcos enacted the following
law was enacted.
laws:
President Corazon C. Aquino enacted the
Republic Act No. 6389, (Code of Agrarian
following laws:
Reform) and RA No. 6390 of 1971 -- Created
the Department of Agrarian Reform and the Executive Order No. 228, July 16, 1987 –
Agrarian Reform Special Account Fund. It Declared full ownership to qualified farmer-
strengthen the position of farmers and beneficiaries covered by PD 27. It also
expanded the scope of agrarian reform. determined the value remaining unvalued
rice and corn lands subject of PD 27 and
Presidential Decree No. 2, September 26,
provided for the manner of payment by the
1972 -- Declared the country under land
FBs and mode of compensation to
reform program. It enjoined all agencies
landowners.
and offices of the government to extend full
cooperation and assistance to the DAR. It Executive Order No. 229, July 22, 1987 –
also activated the Agrarian Reform Provided mechanism for the
Coordinating Council. implementation of the Comprehensive
Agrarian Reform Program (CARP).
Presidential Decree No. 27, October 21,
1972 -- Restricted land reform scope to Proclamation No. 131, July 22, 1987 –
tenanted rice and corn lands and set the Instituted the CARP as a major program of
retention limit at 7 hectares. the government. It provided for a special
fund known as the Agrarian Reform Fund
President Corazon C. Aquino (1986-1992)
(ARF), with an initial amount of Php50
READINGS IN PHILIPPINE HISTORY
AGRARIAN REFORM IN THE PHILIPPINES
billion to cover the estimated cost of the operation into medium and large scale
program from 1987-1992. integrated enterprise that can access long-
term capital.
Executive Order No. 129-A, July 26, 1987 –
streamlined and expanded the power and During his administration, President Estrada
operations of the DAR. launched the Magkabalikat Para sa
Kaunlarang Agraryo or MAGKASAKA. The
Republic Act No. 6657, June 10, 1988
DAR forged into joint ventures with private
(Comprehensive Agrarian Reform Law) – An
investors into agrarian sector to make FBs
act which became effective June 15, 1988
competitive.
and instituted a comprehensive agrarian
reform program to promote social justice However, the Estrada Administration was
and industrialization providing the short lived. The masses who put him into
mechanism for its implementation and for office demanded for his ouster.
other purposes. This law is still the one
President Gloria Macapacal-Arroyo (2000-
being implemented at present.
2010)
Executive Order No. 405, June 14, 1990 –
The agrarian reform program under the
Vested in the Land Bank of the Philippines
Arroyo administration is anchored on the
the responsibility to determine land
vision “To make the countryside
valuation and compensation for all lands
economically viable for the Filipino family
covered by CARP.
by building partnership and promoting
Executive Order No. 407, June 14, 1990 – social equity and new economic
Accelerated the acquisition and distribution opportunities towards lasting peace and
of agricultural lands, pasture lands, sustainable rural development.”
fishponds, agro-forestry lands and other
Land Tenure Improvement - DAR will
lands of the public domain suitable for
remain vigorous in implementing land
agriculture.
acquisition and distribution component of
President Joseph E. Estrada (1998-2000) CARP. The DAR will improve land tenure
system through land distribution and
“ERAP PARA SA MAHIRAP’. This was the
leasehold.
battle cry that endeared President Joseph
Estrada and made him very popular during Provision of Support Services - CARP not
the 1998 presidential election. only involves the distribution of lands but
also included package of support services
President Joseph E. Estrada initiated the
which includes: credit assistance, extension
enactment of the following law:
services, irrigation facilities, roads and
Executive Order N0. 151, September 1999 bridges, marketing facilities and training
(Farmer’s Trust Fund) – Allowed the and technical support programs.
voluntary consolidation of small farm
READINGS IN PHILIPPINE HISTORY
AGRARIAN REFORM IN THE PHILIPPINES
Infrastrucre Projects - DAR will transform Under his administration, the Agrarian
the agrarian reform communities (ARCs), an Reform Community Connectivity and
area focused and integrated delivery of Economic Support Services (ARCCESS)
support services, into rural economic zones project was created to contribute to the
that will help in the creation of job overall goal of rural poverty reduction
opportunities in the countryside. especially in agrarian reform areas.
KALAHI ARZone - The KALAHI Agrarian Agrarian Production Credit Program (APCP)
Reform (KAR) Zones were also launched. provided credit support for crop production
These zones consists of one or more to newly organized and existing agrarian
municipalities with concentration of ARC reform beneficiaries’ organizations (ARBOs)
population to achieve greater agro- and farmers’ organizations not qualified to
productivity. avail themselves of loans under the regular
credit windows of banks.
Agrarian Justice - To help clear the backlog
of agrarian cases, DAR will hire more The legal case monitoring system (LCMS), a
paralegal officers to support undermanned web-based legal system for recording and
adjudicatory boards and introduce quota monitoring various kinds of agrarian cases
system to compel adjudicators to work at the provincial, regional and central
faster on agrarian reform cases. DAR will offices of the DAR to ensure faster
respect the rights of both farmers and resolution and close monitoring of agrarian-
landowners. related cases, was also launched.
President Benigno Aquino III (2010-2016) Aside from these initiatives, Aquino also
enacted Executive Order No. 26, Series of
President Benigno Aquino III vowed during
2011, to mandate the Department of
his 2012 State of the Nation Address that he
Agriculture-Department of Environment
would complete before the end of his term
and Natural Resources-Department of
the Comprehensive Agrarian Reform
Agrarian Reform Convergence Initiative to
Program (CARP), the centerpiece program
develop a National Greening Program in
of the administration of his mother,
cooperation with other government
President Corazon Aquino.
agencies.
The younger Aquino distributed their
President Rodrigo Roa Duterte (2016 –
family-owned Hacienda Luisita in Tarlac.
present)
Apart from the said farm lots, he also
promised to complete the distribution of Under his leadership, the President wants
privately-owned lands of productive to pursue an “aggressive” land reform
agricultural estates in the country that have program that would help alleviate the life of
escaped the coverage of the program. poor Filipino farmers by prioritizing the
READINGS IN PHILIPPINE HISTORY
AGRARIAN REFORM IN THE PHILIPPINES
provision of support services alongside land Agrarian reform is important to rural
distribution. democratisation and the land-dependent
rural poor's enjoyment of basic human
The President directed the DAR to launch
rights. Philippine society is shaped by a
the 2nd phase of agrarian reform where
land-based power structure and regional
landless farmers would be awarded with
rural elites' control of vast tracts of land
undistributed lands under the
serves as their ticket to elective office.
Comprehensive Agrarian Reform Program
(CARP). How does agrarian reform affect our
economy?
Duterte plans to place almost all public
lands, including military reserves, under The results show that agrarian reform has
agrarian reform. had a positive impact on farmer-
beneficiaries. It has led to higher real per
The President also placed 400 hectares of
capita incomes and reduced poverty
agricultural lands in Boracay under CARP.
incidence between 1990 and 2000. Agrarian
Under his administration the DAR created reform beneficiaries (ARBs) tend to have
an anti-corruption task force to investigate higher incomes and lower poverty incidence
and handle reports on alleged anomalous compared to non-ARBs.
activities by officials and employees of the
Why is agrarian reform important to the
department.
Philippines?
The Department also pursues an “Oplan
Agrarian reform in the Philippines seeks to
Zero Backlog” in the resolution of cases in
solve the centuries-old problem of
relation to agrarian justice delivery of the
landlessness in rural areas. ... Land
agrarian reform program to fast-track the
redistribution alone was not enough to
implementation of CARP.
liberate the small farmer from poverty and
Department of Agrarian Reform ensure the success of the CARP.
The Department of Agrarian Reform is the
lead government agency that holds and
implements comprehensive and genuine
agrarian reform which actualizes equitable
land distribution, ownership, agricultural
productivity, and tenurial security for, of
and with the tillers of the land towards the
improvement of their quality of life.
Why is agrarian reform a major issue in the
Philippines?