Agrarian Reform Reading Material PDF

# SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES IN PHILIPPINE HISTORY ## LEARNING OBJECTIVES: At the end of the lesson of chapter 4 the students should be able to: 1. Effectively communicate matters about the origin, coverage, applications, and updates of the Comprehensive Agrarian Reform Laws,...

# SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES IN PHILIPPINE HISTORY ## LEARNING OBJECTIVES: At the end of the lesson of chapter 4 the students should be able to: 1. Effectively communicate matters about the origin, coverage, applications, and updates of the Comprehensive Agrarian Reform Laws, the Philippine Constitution and Taxations. 2. Understand the underlying purpose of each law including its coverage. 3. Evaluate the present situation from the past. Recommend possible solutions to present-day problems based on their own understanding of the root causes, and their anticipation of future scenarios. 4. Display the ability to work in a multi-disciplinary team and contribute to a group endeavor. ## AGRARIAN LAW "Agrarian reform" means redistribution of lands, regardless of crops or fruits produced, to farmers and regular farmworkers who are landless, irrespective of tenurial arrangement, to include the totality of factors and support services designed to lift the economic status of the beneficiaries and all other arrangements alternative to the physical redistribution of lands, such as production or profit-sharing, labor administration, and the distribution of shares of stocks, which will allow beneficiaries to receive a just share of the fruits of the lands they work. However, the term "Agrarian" is derived from the Latin word "ager" which means "a field." Lexically, the word agrarian means "relating to land or to the ownership or division of land". On the other hand, reform presupposes something is defective, hence, needs reformation and correction. Therefore, agrarian law governs and regulates the rights and relationship over agricultural lands between landowners, tenants, lessees or agricultural workers. ## Brief History of the Agrarian Reforms in the Philippines ### Pre-Spanish Era - The Filipinos of the 15th century must have engaged primarily hunting, fishing and cultivation. - Moreover, in land cultivation, the common method used is the slash and burn method also known as the "kaingin system" where the land is cleared by burning bushes before planting the crops. - Only in the mountains of northern Luzon, where elaborate rice terraces were built some 2,000 years ago, were livelihood and social organization linked to a fixed territory. - The lowland peoples lived in extended kinship groups known as barangay each under the leadership of a datu or chieftain. - The barangay, which ordinarily numbered no more than a few hundred individuals, was usually the largest stable economic and political unit. - In this community, everyone has access on the lands and whatever resources it may have, which must be mutually shared to the villagers. - Also within the barangay, the status system, though not rigid, appears to have consisted of three broad classes: 1. the datu and his family and the nobility, 2. the freeholders, and 3. the "dependents". - This third category consisted of three levels - sharecroppers, debt peons, and war captives-the last two levels being termed "slaves" by Spanish observers. - The slave status was inherited but, through manumission and interclass marriage, seldom extended over more than two generations. - The fluidity of the social system was in part the consequence of a bilateral kinship system in which lineage was reckoned equally through the male and female lines. - Marriage was apparently stable, though divorce was socially acceptable under certain circumstances. ### Early Filipinos - They followed various local religions, a mixture of monotheism and polytheism in which the latter dominated. - The propitiation of spirits required numerous rituals, but there was no obvious religious hierarchy. - In religion, as in social structure and economic activity, there was considerable variation between - and even within - islands. ### Social Classes - The society was made up of three classes: - nobles (made up of the datu and their families), - mahadlika or maharlika (freemen) and - the alipin (dependents). - Members of the nobility were addressed with the title Gat or Lakan among the Tagalogs. ### Spanish Period Land Situation - 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. - The concept of “Stewardship” is also practiced during this period because they believe that the relationship of human and nature are important. - When the Spaniards came to the Philippines, the concept of encomienda (Royal Land Grants) was introduced. This system grants that Encomenderos must defend his encomienda from external attack, maintain peace and order within, and support the missionaries. - In turn, the encomendero acquired the right to collect tribute from the indios (native). - The native families were merely landholders and not landowners. By law, the land assigned to them was the property of the Spanish King where they pay their colonial tributes to the Spanish authorities in the form of agricultural products they produced. - Through the Laws of the Indies, the Spanish crown awarded vast tracts of land to wit: 1. Friar lands for the religious orders 2. Repartiamentos for lands granted to the Spanish military as a reward for their service 3. Encomienda a large tracts of land given to Spaniards (encomendero) to manage and have the right to receive tributes from the natives tilling it. Natives within these areas became mere tillers working for a share of crops. They did not even have any rights to the land. - The system, however, degenerated into abuse of power by the encomenderos. 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 Spanish crown made a law in 1865 ordering landholders to register their landholdings. Only those who were aware of these decrees benefited. Ancestral lands were claimed and registered in other people's names (Spanish officials or local chieftains). As a result, many peasant families were driven out from the lands they have been cultivating for centuries or were forced to become tillers. - Land tenancy under Spain: - Encomienda system - Rise of the cacique class - Early rebellions - Conflicts over land tenureship - Friar lands - Philippine revolution ### American Regime - Significant legislations enacted during the American Period include the following: - 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. - Land Registration Act of 1902 (Act No. 496) - Provided for a comprehensive registration of land titles under the Torrens 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 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. - Significant legislations enacted during Commonwealth Period include the following: - 1935 Constitution "The promotion of social justice to ensure the well-being and economic security of all 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 ### 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. - Unfortunately, the end of war also signaled the end of 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 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 eiectment 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) which takes over the responsibilities of the Agricultural Machinery Equipment Corporation and the Rice and Corn Production Administration. ### President 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. ### President Carlos P. Garcia (1957-1961) - He continued the programs of President Ramon Magsaysay. There was 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, incorporated a judicial system of agrarian cases, incorporated extension, marketing and supervised credit system of services of farmer beneficiaries. ### 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 epublic Act No. 6389, (Code of Agrarian Reform) and RA No. 6390 of 1971 Created the Department of Agrarian Reform and the Agrarian Reform Special Account Fund. It strengthen the position of farmers and expanded the scope of agrarian reform. - 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. ### 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 Presidentialissuances were released in July 1987 after 48 nationwide consultations before the actual law was enacted. - 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 to 992. - 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 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. ### President Fidel V. Ramos (1992-1998) - When President Fidel V. Ramos formally took over in 1992, his administration came face-to-face with the public 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.” - President Fidel V. Ramos enacted the following laws: - Republic Act No. 7881, 1995 - Amended certain provisions of RA 6657 and exempted fishponds and prawns from the coverage of CARP. - Republic Act No. 7905, 1995 - Strengthened the implementation of the ### President Joseph E. Estrada (1998-2000) - "ERAP PARA SA MAHIRAP' -- This was the battle cry that endeared President Joseph Estrada and made him very popular during the 1998 presidential election. - Initiated the enactment of the following law: - Executiv e Order NO. 151, Septembe r 1999 (Farmer's Trust Fund) - Allowed the voluntary consolida tion of small farm operation into medium and large-scale integrate d enterpris e 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. - However, the Estrada Administration was short lived. - The masses who put him into office demanded for his ouster. ### President Gloria Macapacal-Arroyo (2000-2010) - 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.” - Land Tenure Improvement - DAR will remain vigorous in implementingland 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. - Infrastructure 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 reform cases. DAR will respect the rights of both farmers and landowners. ### 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 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. - 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. - Aside from these initiatives, Aquino also enacted Executive Order No. 26, Series of 2011, to mandate the Departmen t of Agriculture , Departmen t of Environme nt and Natural Resources and t of Departmen Agrarian Reform Convergen ce Initiative to develop a National Greening Program in cooperatio n with other governmen t 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 land distribution. - The President directed the DAR to launch the 2nd phase of agrarian reform where landless farmers would be awarded with undistributed lands under the Comprehensive Agrarian Reform Program (CARP). - 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 investigate and handle reports on alleged anomalous activities by officials and employees of the department. - The Department also pursues an “Oplan Zero Backlog” in the resolution of cases in relation to agrarian justice delivery of the agrarian reform program to fast-track the implementation of CARP.