Pre-colonial Economic and Land Systems

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Questions and Answers

What is one expected benefit of increasing the utilization of paralegals?

  • Reducing the workload of higher court judges
  • Enhancing the appreciation and decision-making on cases (correct)
  • Eliminating the need for legal documentation
  • Limiting access to legal advice for the public

Which profession is mentioned as a contributor to assisting provincial tasks?

  • Geodetic engineers (correct)
  • Civil engineers
  • Urban planners
  • Land surveyors

What is one goal associated with improving the capabilities of DAR lawyers?

  • Enhancing their legal research skills (correct)
  • Encouraging them to work less with farmers
  • Expanding their role to include policy-making
  • Increasing their administrative duties

How is information and communication technology (ICT) expected to impact legal work?

<p>It will enhance efficiency in legal tasks (C)</p> Signup and view all the answers

Which of the following statements is false regarding the use of paralegals and geodetic engineers?

<p>Geodetic engineers are solely focused on land surveys only. (B)</p> Signup and view all the answers

What is the primary goal of CARP as emphasized in the content?

<p>To enhance agro-industrial development (B)</p> Signup and view all the answers

What major directive did E.O. No. 407 establish regarding government landholdings?

<p>To transfer suitable landholdings to DAR (C)</p> Signup and view all the answers

What was one of the specific challenges faced in the implementation of CARP?

<p>Lack of clarity in land use conversion guidelines (B)</p> Signup and view all the answers

Which of the following provinces was highlighted regarding the CARP workload?

<p>Strategic operating provinces (D)</p> Signup and view all the answers

What issue is associated with the Garchitorena land scam within the context of CARP?

<p>Problems in land valuation (C)</p> Signup and view all the answers

What was a significant challenge faced by peasant farmers according to the content?

<p>Excessive fines and unfair taxation (A)</p> Signup and view all the answers

Which program was identified as a potential solution to land ownership issues?

<p>The Homestead program (D)</p> Signup and view all the answers

What did Commonwealth Act No. 461 specify about tenant dismissal?

<p>Dismissal must be approved by the Tenancy Division. (D)</p> Signup and view all the answers

What was a key finding regarding the enforcement of social justice provisions by local councils?

<p>Local councils were typically comprised of influential hacienderos. (B)</p> Signup and view all the answers

What type of uprisings became common as a result of the agrarian issues?

<p>Peasant uprisings (A)</p> Signup and view all the answers

Who was the president that recognized the need for land reform programs?

<p>President Quezon (A)</p> Signup and view all the answers

What was one objective of the government’s initial response to land issues?

<p>Acquiring landed estates for distribution (B)</p> Signup and view all the answers

What issue did the peasant farmers face regarding the sale of rice?

<p>Low selling price due to market conditions (B)</p> Signup and view all the answers

What was the amount allocated for the Agrarian Reform Fund (ARF) to cover the estimated cost of the program for 1987-1997?

<p>PHP 50 billion (B)</p> Signup and view all the answers

Which of the following was NOT one of the five major components of President Marcos' Agrarian Reform Program?

<p>Industrial Development (D)</p> Signup and view all the answers

Why was President Marcos’ agrarian reform program considered revolutionary by some sectors?

<p>It involved a significant shift in land ownership. (C)</p> Signup and view all the answers

What did EO 228 declare regarding land ownership for qualified farmer-beneficiaries?

<p>Full ownership of the land. (D)</p> Signup and view all the answers

What did EO 229 address in terms of agricultural processes?

<p>Land registration and acquisition procedures. (A)</p> Signup and view all the answers

What was part of the method of compensation dictated by the program for landowners?

<p>A form of payment through fixed value. (D)</p> Signup and view all the answers

What was one of the guiding principles behind the Institutional Development component of the Agrarian Reform Program?

<p>Strengthening agricultural cooperatives. (D)</p> Signup and view all the answers

Which of the following best describes the 'LISTASAKA' program initiated by EO 229?

<p>A land registration program. (D)</p> Signup and view all the answers

What major issue affected the administration's budget during the Agrarian Reform Fund period?

<p>Low remittances from the Asset Privatization Trust (C)</p> Signup and view all the answers

Which event contributed to the instability in leadership within the Department of Agrarian Reform?

<p>The eruption of Mt. Pinatubo (D)</p> Signup and view all the answers

Which criticism was raised regarding the President's approach to agrarian reform?

<p>Lack of genuine political will to implement reforms (C), Failure to utilize revolutionary powers effectively (D)</p> Signup and view all the answers

What was one of the guiding policies established for land acquisition in the agrarian reform process?

<p>Joint DAR-LBP AO No. 3 (1994) (C)</p> Signup and view all the answers

What is a potential consequence of constant changes in leadership within the Department of Agrarian Reform?

<p>Lack of continuity in priority and programs (D)</p> Signup and view all the answers

What type of land distribution scheme was introduced under RA 6657?

<p>Voluntary Land Transfer or Direct Payment Scheme (C)</p> Signup and view all the answers

Which policy addressed the acquisition of agricultural lands under court litigation?

<p>DAR AO No. 1 (1995) (A)</p> Signup and view all the answers

What was a significant factor affecting the priorities and implementation of projects during the agrarian reform period?

<p>Budgetary constraints and insufficient remittances (B)</p> Signup and view all the answers

What is the main purpose of enhancing the database of landholdings in the ODA portfolio?

<p>To facilitate easier targeting and monitoring of land acquisition. (D)</p> Signup and view all the answers

What is the significance of prioritizing the subdivision of CLOAs?

<p>To improve land tenure security for beneficiaries. (B)</p> Signup and view all the answers

Which strategy is intended to benefit low-LAD balance provinces?

<p>Shifting focus to productive land distribution. (D)</p> Signup and view all the answers

How does partnering with civil society organizations (CSOs) aim to assist LTI services?

<p>By providing more localized support in delivery of services. (A)</p> Signup and view all the answers

What role does job-sharing among provinces play in agrarian reform efforts?

<p>It minimizes the necessity for hiring new personnel. (C)</p> Signup and view all the answers

What is a key component of the AJD aimed at expediting AR related cases?

<p>Establishing legal frameworks for more efficient LAD processes. (C)</p> Signup and view all the answers

Which initiative is aimed at unlocking credit facilities for agrarian reform beneficiaries?

<p>Providing capacity development for credit providers. (D)</p> Signup and view all the answers

What does fast-tracking the documentation and settlement of landowner compensation aim to achieve?

<p>To ensure smoother transitions for land reforms. (C)</p> Signup and view all the answers

Flashcards

Paralegal services

Utilization of paralegals to assist in case processing and decision-making.

Geodetic Engineers

Applying engineers with expertise in land surveying for assistance.

DAR lawyers' capabilities

Enhancing the professional skills of lawyers in the Department of Agrarian Reform.

ICT in legal work

Using technology to streamline tasks and improve the efficiency of legal processes.

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Agrarian Reform

The process of redistributing land ownership (focus on references) in the agricultural sector. These are the key improvements in the DAR.

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50 Crop Sharing Arrangement

A farming arrangement where farmers give a portion of their harvest to the landowner in exchange for the use of land.

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Peasant Farmer Challenges

Farmers faced difficulties like insufficient land, excessive fines, unfair taxes, and limited access to credit and marketing.

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Land Reform Programs

Government initiatives to improve land ownership and agricultural conditions.

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Friar Lands Purchase

Government acquiring land formerly held by religious orders to redistribute.

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Homestead Program

A program enabling land ownership, potentially offering resettlement.

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1935 Constitution Provisions

Included elements related to social justice and the potential expropriation of large estates for farmer benefit.

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Commonwealth Act No. 461

Required tenant dismissal approval by a specific government division.

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Commonwealth Act No. 608

Established security of tenure for farmers, assuring stable land use agreements.

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CARP's Importance

CARP (Comprehensive Agrarian Reform Program) is crucial to the government's plan for faster agricultural development in rural areas; it needs support from various stakeholders.

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Implementing Agencies

Agencies need to align their plans with CARP to ensure that programs and projects support rural development.

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Strategic Provinces

CARP prioritizes 24 provinces with the largest need for development and support, focusing effort on those areas with more workload.

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Land Valuation Challenge

One of the hurdles in implementing CARP was the challenge of accurately assessing land values. This was illustrated with the Garchitorena land issue.

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Land Use Conversion Issue

Insufficient guidelines and actions to prevent agricultural land from being converted to other uses.

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Agrarian Reform Fund (ARF)

A special fund, PHP 50 billion, allocated for agrarian reform program from 1987-1997.

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Marcos' Agrarian Reform Program Components

Included land tenure, institutional, physical, agricultural and human resource development.

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EO 129-A

Reorganized the Department of Agrarian Reform, increasing its authority.

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EO 228

Declared land ownership to qualified farmer-beneficiaries under PD 27.

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Land Value Regulation

Fixed the value of remaining rice and corn lands for compensation.

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LISTASAKA program

Administrative process for land registration and acquisition.

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"Revolutionary" Agrarian Reform

Agrarian Reform Program considered groundbreaking due to land ownership shifts in 1987-1997.

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Government Reservations

Land owned by the government, intended for agriculture, and to be turned over for land use.

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Agrarian Reform Fund (ARF)

A fund intended for agrarian reform, experienced low remittances.

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Budgetary shortfall

A situation where government spending exceeds available funds.

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Asset Privatization Trust

A trust managing the sale of assets, low remittances.

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Presidential Commission on Good Government

A commission managing government assets, low remittances.

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DAR leadership changes

Frequent changes in leadership of the Department of Agrarian Reform.

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Lack of political will

Insufficient commitment to implement agrarian reform goals.

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Revolutionary powers (People Power I)

Potential authority granted after a significant political event (People Power I) for implementing change.

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RA 6657

A law governing the sale and compulsory acquisition of agricultural land.

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Expanding ODA portfolio

Increasing official development assistance to improve income for project beneficiaries.

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Subdividing CLOAs

Dividing collective land ownership certificates to simplify targeting and monitoring.

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Fast-tracking compensation

Speeding up the process of documenting and settling compensation for already distributed lands.

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LTI and PBD integration

Combining LTI and PBD services on a province-to-province basis.

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Shifting focus to PBD

Prioritizing a shift to Project-Based Development (PBD) in low-LAD balance provinces.

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Unlocking credit facilities

Improving access to credit for agrarian reform beneficiaries through capacity building.

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Job-sharing scheme

Implementing a job-sharing system to allocate responsibilities between provinces to reduce personnel needs.

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Agrarian Justice Delivery (AJD)

A component of the government's program to expedite the resolution of agrarian reform-related cases.

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Study Notes

Pre-colonial Era Land Ownership

  • Land was communally owned by barangays (30-100 families)
  • Chiefs administered barangays
  • Everyone had access to land and shared resources
  • "Stewardship" concept valued the relationship between humans and nature.

Pre-colonial Era Land Cultivation

  • Kaingin system (slash and burn)
  • Land was cleared by burning before planting crops
  • Land was sometimes plowed and harrowed before planting.

Pre-colonial Era Economic System

  • Food was primarily for family consumption
  • Barter trade occurred between neighboring communities
  • Trade with foreign traders (Chinese, Arabs, Indians, Japanese, Europeans) involved luxury goods exchange .

Pre-colonial Era Land Leasing/Selling

  • The Maragtas Code mentions a land sale involving Panay Island.
  • There was no record of widespread land leasing practice.
  • Some pre-colonial laws mention lease of cultivated land but without details on how it was practiced

Spanish Era Land Cultivation

  • Pueblo agriculture was introduced; land was divided and given to families.
  • Land was distributed to native Christianized families.
  • Cultivated land was typically 4-5 hectares .
  • There was no landless class in the pueblo agricultural system.

Spanish Era Land Ownership

  • Native families were landholders, not landowners.
  • Landholdings belonged to the Spanish King, and they paid colonial tributes as agricultural products.

Spanish Era Agrarian Tenancy

  • Spanish crown awarded large tracts of land to the friars, military and encomenderos.
  • Natives became tillers, working for a share of crops, without ownership rights.
  • Friars lands, repartimentos for land granted to Spanish military officers as compensation for their services; encomiendas - very large areas of land given to Spaniards (encomiendero) to manage and have the right to receive tributes from the natives tilling it. Natives within these areas became mere tillers without rights to land and were under the Spanish monarch's authority.
  • The hacienda system developed, and more people lost their lands to become tillers.
  • Encomienda system involved abuse of tillers, excessive tributes and requiring them to surrender their harvests and render service.

American Era - Land Issues

  • The Americans focused on land reform due to peasant unrest.
  • The Philippine Bill of 1902 set limits on land ownership, permitting individuals to own a maximum of 16 hectares of land and corporations 1,024 hectares.
  • The Torrens System of land registration was introduced to address issues of land ownership documentation
  • Homestead Act (1903) gave land to tenants, but many lost their land due to various circumstances and the system was not implemented nationwide due to limitations of resources.
  • A number of land reforms were introduced such as the first public land act, later the Second Public land Act of 1919 that limited agricultural lands, and the Friar Land Act

Commonwealth Era Land Issues

  • Tenancy and land ownership became more sharply contrasted based on wealth, with landlords becoming richer due to the increased power from land ownership.
  • Powerful landowners often controlled the political landscape.
  • Farmers often lacked access to credits and faced hardships in selling crops.
  • Political power shifted between landlords and tenants.

Japanese Era Land Issues

  • Landlords were sometimes overpowered by peasants
  • Land was sometimes taken from landlords and given to peasants
  • Land ownership ultimately returned to the landlords after the war

Government Initiatives on Agrarian Reform

  • Laws were introduced to address land issues such as the Homestead Program, which aimed to break up large estates and distribute land to individual farmers.
  • The Rice Tenancy Act legalized the 50/50 crop-sharing system in an attempt to provide security of tenure.

Later Agrarian Reforms

  • Policies focusing on land distribution and improving tenants' rights emerged.
  • Land ownership and tenancy policies evolved over periods with various successes and failures, involving conflicting interests of landlords and tenants.
  • Specific policies focused on land redistribution and regulating relations between landlords and tenants emerged over time.

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