Agrarian Reform in the Philippines (PDF)

# Lesson 3: Agrarian Reform From The Spanish Colonial Philippines To The Present ## Land Reform - Has gained great significance all over the world. - Aims to achieve social justice and full development of human dignity. - Issue of land reform has been persistent, demanding measures to stop social u...

# Lesson 3: Agrarian Reform From The Spanish Colonial Philippines To The Present ## Land Reform - Has gained great significance all over the world. - Aims to achieve social justice and full development of human dignity. - Issue of land reform has been persistent, demanding measures to stop social unrest. - Worst scenarios observed during the colonial era when the Spanish colonizers introduced new land-holding systems to caciques. - Introduction of Torrens system created serious problems that have far-reaching effects on the early systems of landholding. - Inhabitants lost their ancestral domains to the colonialists. - The poor economic and social conditions of the peasants in the Philippines need immediate agrarian reform measures by the Philippine government. ## Pre-Spanish Period - Filipinos already lived in villages and barangays even before the Spaniards came to the Philippines. - Settlements were ruled by chieftains or datus who comprised the nobility. - Also the maharlikas (freemen), the aliping mamamahay (serfs) and aliping saguiguilid (slaves). - Despite the existence of a social structure, everyone had access to the fruits of the soil. - Rice was the medium of exchange as money was yet unknown. ## Spanish Period (1521-1896) - Spaniards introduced the concept of encomienda to the Philippines. - System of giving lands (Royal Land Grants) to the Spanish conquerors that were loyal to the Spanish monarch. - Encomenderos must defend his encomienda from external attack, maintain peace and order within, and support the missionaries. - Encomenderos were given the right to collect taxes (tribute) from the indios (natives). - Encomenderos started to abuse their power by renting their lands to a few powerful landlords, and the natives who once freely cultivated the land became share tenants. ## Agrarian Uprisings (1745-46) - Taxation was not only the reasons for the revolts of the Filipinos during the Spanish period, but the agrarian unrest as well. - The Agrarian Revolt happened between 1745 and 1746 in Batangas, Laguna and Cavite, and Bulacan - The revolt happened in the towns of Lian and Nasugbu in Batangas. - The grabbing of lands by the Catholic religious orders angered the native lands owners and demanded that their lands be returned based on ancestral domain. - Spanish priests refused which resulted to riots and massive looting of convents and the burning down of churches and ranches. - Troops were sent from Manila to Batangas to quell the disturbance. The encounter was bloody and those who surrendered were pardoned. - The uprising resonated in other towns of the neighboring provinces, notably Biñan, Imus, Silang, Kawit, Bacoor, San Mateo, Taguig, Parañaque, and Hagonoy. - The agrarian conflicts reached the ear of King Philip VI who appointed Oidor (a judge of the Royal Audiencias and Chancillerías) Pedro Calderón Enriquez to investigate the charges brought against the religious orders and to ascertain the validity of their titles to the lands in question. - The friars were ordered to submit their titles to a secular judge, but refused to comply, claiming ecclesiastical exemption. - In the face of their opposition, the governor general dispossessed the friars of the lands which were said to have been illegally occupied by the friars and which they were continuing to hold without legitimate title, restoring the lands to the Crown. - The case was appealed by the friars to the Royal Audiencia of Manila and that tribunal upheld the first decision; then the case was further appealed to the Council of the Indies in Spain and again the decision was confirmed. - The friars won their case and retained the disputed lands, and their ownership of the lands remained intact even after the end of the Spanish regime. ## The First Philippine Republic - When Gen. Emilio Aguinaldo came to power in 1899, the Malolos Constitution which they crafted intended to confiscate the so-called Friar lands and other large estates. - The First Philippine Republic was short-lived so that the plan to confiscate the lands was never executed. ## American Period (1898-1935) - The Philippine Bill of 1902, which set the ceilings on the hectarage of private individuals to 16 hectares, and 1,024 hectares for corporations. - The Land Registration Act of 1902 (Act No. 496), which provided for a comprehensive registration of land titles under the Torrens system. - The Public Land Act of 1903, which introduced the homestead system in the Philippines. - The Tenancy Act of 1933 (Act No. 4054 and 4113), which regulated relationships between landowners and tenants of rice (50-50 sharing) and sugar cane lands. ## Commonwealth Period (1935-1942) - President Manuel L. Quezon advocated the Social Justice program to block the increasing social unrest in Central Luzon. - The 1935 Constitution, which was promulgated for the promotion of social justice to ensure the well-being and economic security of all people, should be the concern of the State. - The Commonwealth Act No. 178 (An Amendment to Rice Tenancy Act No. 4045), enacted on Nov. 13, 1936, provided for certain controls in the landlord-tenant relationships. - The National Rice and Corn Corporation (NARIC) of 1936 established the price of rice and corn that helped the poor tenants as well as consumers. - The Commonwealth Act. No. 461, 1937, specified the reasons for dismissal of tenants and only with the approval of the Tenancy Division of the Department of Justice. - The Rural Program Administration, created on March 2, 1939, provided the purchase and lease of haciendas and their sale and lease to the tenants. - The Commonwealth Act No. 441, enacted on June 3, 1939, created the National Settlement Administration with a capital stock of P20, 000,000. ## Japanese Occupation - During the Second World War (that started in Europe in 1939 and in the Pacific in 1941), the Hukbo ng Bayan Laban sa Hapon (HUKBALAHAP) controlled the areas of Central Luzon. - The HUKBALAHAP was composed of peasants and workers who took up arms against the Japanese forces. - Peasants who supported them earned fixed rentals, while landowners who supported the Japanese lost their lands to peasants. But this was short-lived because it ended with the end of WWII. ## President Manuel Roxas (1946-1948) - The problems of land tenure in the Philippines remained even after the Philippine Independence in 1946. - To address the problem, the Philippines Congress revised the tenancy law. - Republic Act No. 34, which established the 70-30 sharing arrangements and regulated the share-tenancy contracts. - Republic Act No. 55, which provided for a more effective safeguard against arbitrary ejectment of tenants. ## President Elpidio Quirino (1948-1953) - Replaced the National Land Settlement Administration with Land Settlement Development Corporation (LASEDECO) that took 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, which abolished the LASEDECO and established the National Resettlement and Rehabilitation Administration (NARRA) to resettle dissidents and landless farmers. - Republic Act No. 1199 (Agricultural Tenancy Act of 1954), which governed the relationship between landowners and tenant farmers by organizing share-tenancy and leasehold system. - Republic Act No. 1400 (Land Reform Act of 1955), which created the Land Tenure Administration (LTA) that 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), which provided loans to small farmers and share tenants with interest rates of as low six to eight percent. ## President Carlos P. Garcia (1957-1961) - Who succeeded the presidency after the death of President Ramon Magsaysay continued the program. ## President Diosdado Macapagal (1961-1965) - Enacted Republic Act No. 3844 of August 8, 1963 (Agricultural Land Reform Code) that 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. ## President Ferdinand Marcos (1965-1986) - The Philippines "New Society” (Kilusang Bagong Lipunan) was ushered in by the proclamation of Martial law (Proclamation No. 1081) on September 21, 1972. - During this time, the Agrarian Reform program was put into law and land reform program was implemented. - Republic Act No. 6389, (Code of Agrarian Reform) and RA No. 6390 of 1971 that created the Department of Agrarian Reform and the Agrarian Reform Special Account Fund and expanded the scope of agrarian reform. - Presidential Decree No. 2, September 26, 1972, declared the country under land reform program and activated the Agrarian Reform Coordinating Council. - All government agencies were ordered to fully cooperate and assist the Department of Agrarian Reform (DAR). - Presidential Decree No. 27, October 21, 1972, restricted the land reform scope to tenanted rice and corn lands and set the retention limit at 7 hectares. ## President Corazon C. Aquino (1986-1992) - Article II, Sec. 21 of the 1987 Philippine Constitution provides that "The State shall promote comprehensive rural development and agrarian reform." - Executive Order No. 228, July 16, 1987, which declared full land ownership to qualified farmer-beneficiaries covered by PD 27. - Executive Order No. 229, July 22, 1987, provided the mechanism for the implementation of the Comprehensive Agrarian Reform Program (CARP). - Proclamation No. 131, July 22, 1987, which instituted the CARP as a major program of the government. - Executive Order No. 129-A, July 26, 1987, which streamlined and expanded the power and operations of the DAR. - Republic Act No. 6657, also known as the Comprehensive Agrarian Reform Law (CARL) which was signed into law on June 10, 1988. - Executive Order No. 405, June 14, 1990, which conferred in the Land Bank of the Philippines (LBP) the responsibility to determine land valuation and compensation for all lands covered by CARP. - Executive Order No. 407, June 14, 1990, which 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) - Republic Act No. 7881 of 1995. This law amended certain provisions of RA 6657 and exempted fishponds and prawns from CARP coverage. - Republic Act No. 7905 of 1995, which strengthened CARP implementation. - Executive Order No. 363 of 1997, which prescribed the guidelines for the protection of areas non-negotiable for conversion and monitoring compliance with Section 20 of the Local Government Code. - Republic Act No. 8435 of 1997 (Agriculture and Fisheries Modernization Act AFMA), an act prescribing urgent related measures to modernize the agriculture and fisheries sectors of the country in order to enhance their profitability and prepare said sectors for the challenges of globalization through an adequate, focused and rational delivery of necessary support services, appropriating funds therefor and for other purposes. - Republic Act 8532 of 1998, an act strengthening further the Comprehensive Agrarian Reform Program (CARP), by providing augmentation fund therefor, amending for the purpose Section 63 of Republic Act No. 6657, otherwise known as "The CARP Law of 1988". This law provided an additional Php50 billion for CARP and extended its implementation for another 10 years. ## President Joseph E. Estrada (1998-2000) - Executive Order NO. 151, September 1999 (Farmer's Trust Fund), which established the farmers trust development program and provided institutional reforms and fund mechanisms for mobilizing long term private sector capital for rural development. - President Estrada launched the Magkabalikat para sa Kaunlarang Agraryo or MAGKASAKA. The DAR forged into joint ventures with private investors into agrarian sector. - The "Agrikulturang Maka Masa" was also launched that achieved an output growth of 6 percent, which lowered the inflation rate from 11 percent in January 1999 to just a little over 3 percent by November of the same year. This was a record high at the time. ## President Gloria Macapagal-Arroyo (2001-2010) - Pres. Arroyo envisioned 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. - Executive Order No. 379 s 2004, amending Executive Order No. 364 entitled Transforming the Department of Agrarian Reform into the Department of Land Reform (DLR), which broadened the scope of the Department by making it responsible for all land reform in the country. - It also placed the Philippine Commission on Urban Poor (PCUP) under its supervision and control. DLR was also responsible for the recognition of the ownership of ancestral domain by indigenous peoples, under the National Commission on Indigenous Peoples (NCIP). - Memorandum Circular No. 4 series of 2003 operationalized the development of Kapit-Bisig Laban sa Kahirapan Agrarian Reform Zones (KALAHI ARZones). - Republic Act No. 9700 s 2009, an act strengthening the Comprehensive Agrarian Reform Program (CARP), extending the acquisition and distribution of all agricultural lands, instituting necessary reforms, amending for the purpose certain provisions of republic act no. 6657, otherwise known as the comprehensive agrarian reform law of 1988, as amended, and appropriating funds therefor. ## President Benigno Simeon Cojuangco Aquino III (2010-2016) - President Benigno Simeon Cojuangco Aquino III (2010-2016) together with farmers, Catholic bishops, and other land reform advocates developed a plan of action for the implementation of the Comprehensive Agrarian Reform Program Extension with Reforms (CARPER). - Aquino established the multi-stakeholders mechanism, composed of representatives from the Department of Agrarian Reform and other CARP implementing agencies of the government, Church officials, non-governmental organizations, peoples organizations, and other farmers' groups and federations to monitor the implementation of the CARP, specifically focusing on: - coverage and distribution of agricultural lands; - movement and performance of Department of Agrarian Reform personnel; - delivery of support services to the beneficiaries; and - budget allocation and utilization. ## President Rodrigo Roa Duterte (2016-Present) - The issue of land reform has been persistent even up to the present time. - The current Duterte administration is committed to pursuing the agrarian reform program in the country. - President Duterte, who is also the chairman of the Presidential Agrarian Reform Council (PARC), has included land tenure security in his 10-point socio-economic agenda to improve the quality of life of farmers and raise their productivity. # Lesson 4: The Philippine Constitutions ## A Constitution - Is a set of fundamental principles or established precedents according to which a state or other organization is governed. - Symbolizes the country's freedom and independence. - The Philippine Constitution has evolved since 1897: - 1897 Constitution of Biak-na-Bato - 1899 Malolos Constitution - Acts of the United States Congress (Philippine Organic Act of 1902, Philippine Autonomy Act of 1916, and Tydings-McDuffie Act of 1934) - 1935 Constitution - 1943 Constitution - 1973 Constitution - 1986 Freedom Constitution - 1987 Constitution ## The 1897 Constitution of Biak-na-Bato - The Tejeros Convention held at San Francisco de Malabon in Cavite on March 22, 1897 was the result of the Katipunan revolution. - The first president and vice president (of the Philippines) were elected by the members of the Katipunan. - The elected president was Emilio Aguinaldo, and the vice president was Mariano Trias. - It was on November 1, 1897 that the Republic of Biak-na-Bato (República de Biac-na-Bató) was established during a meeting held at Biak-na-Bato in the town of San Miguel de Mayumo in Bulacan. - This was a De Facto Constitutional Republic. - The constitution written by Isabelo Artacho and Felix Ferrer was promulgated by the Katipunan, which acted as Constitutional Assembly. - The Constitution of Biak-na-Bato known as the "Constitución Provisional de la República de Filipinas" was short-lived as it operated only from November 1, 1897 to December 14, 1897. ## The 1899 Malolos Constitution - The Preamble of the 1897 Constitution of Biak-na-Bato reads, "The separation of the Philippines from the Spanish monarchy and their formation into an independent state with its own government called the Philippine Republic has been the end sought by the Revolution in the existing war, begun on the 24th. of August, 1896; and therefore, in its name and by the power delegated by the Filipino people, interpreting faithfully their desires and ambitions, we, the representatives of the Revolution, in a meeting at Biac-na-bato, Nov. 1st. 1897, unanimously adopt the following articles for the Constitution of the State." - The 1899 Malolos Constitution or the Political Constitution of 1899 (Constitución Política de 1899) was the basic law of the First Philippine Republic whose form of government was unitary semi-presidential constitutional - The Malolos Constitution was the first republican constitution in Asia (Tucker, 2009)written by Felipe Calderón y Roca and Felipe Buencamino after the declaration of Philippine independence from Spain on 12 June 1898. - It was signed into law by the Malolos Congress and promulgated on January 21, 1899. - The Malolos Constitution was in operation from January 23, 1899 to March 23, 190 ## Acts of the United States Congress - Was in operation from December 10, 1898 to March 24, 1934, since the Philippines was a territory of the United States during these periods because of the Treaty of Paris which transferred the sovereignty from Spain to the United States. - The acts, such as the Philippine Organic Act of 1902, the Philippine Autonomy Act of 1916, and the Tydings-McDuffie Act of 1934, passed by the United States congress were considered as the Philippine constitutions because they provided for the fundamental political principles and established the structure, procedures, powers and duties of the Philippine government. ## Philippine Organic Act of 1902 - Also known as the "Philippine Bill of 1902", was the first organic law enacted by the US Congress for the Philippines. - It provided for the creation of the Philippine Assembly, and a bicameral legislature composed of a Philippine Commission (upper house) and the Philippine Assembly (lower house) were the lawmaking power was vested. - Like other constitutions, it also enumerated the bill of rights for the Filipinos and provided for the appointment of two non-voting Filipino Resident Commissioners of the Philippines that would represent the Philippines in the US House of Representatives. ## Philippine Autonomy Act of 1916 - Also known as the "Jones Law", amended the structure of the Philippine government that was provided for in the Philippine Bill of 1902. - It removed the Philippine Commission (upper house) and replaced it with the Senate whose members were elected by the Filipino voters. - The Philippines' first fully elected national legislature came into being. - A notable statement of this act was the explicit expression of the United States to grant the Philippines its independence as soon as a stable Philippine government would be established. ## Tydings-McDuffie Act of 1934 - On March 24, 1934 the United States passed the Tydings-McDuffie Act that allowed the Filipino nation to have a self-government. - A ten-year transition period was granted by this Act so that Filipinos could be prepared for self-government and full independence. - Unlike the other two acts which could be considered constitution, the Tydings-McDuffie Act of 1934 could not be considered as a constitution, but still a very important document which provided authority and defined mechanisms for the establishment of a formal constitution via a constitutional convention. - The eventful day arrived on July 4, 1946, when the United States recognized Philippine independence in the Treaty of Manila. - The Philippine-American friendship day is celebrated every 4th of July to commemorate the Philippine independence from the United States of America. ## The 1935 Philippine Constitution - This constitution was written in 1934 with the goal of meeting the United States' expectation of political maturity among Philippine leaders so that a full and real independence could be granted by the US. - This constitution was promulgated by the 1934 Constitutional Convention and was in operation during the Commonwealth era (1935-1946), until the Third Republic (July 4, 1946 - January 16, 1973). - The Third Republic started with the granting of Philippine independence from US domination on July 4, 1946 to Roxas Administration (1946-48), Quirino Administration (1948–53), Magsaysay Administration (1953–57), Garcia Administration (1957-61), and Macapagal Administration (1961-65). ## The 1943 Philippine Constitution - The Preparatory Committee for Philippine Independence (PCPI) promulgated the 1943 Philippine Constitution during the Japanese occupation of the country. - Mostly of the members of the PCPI were delegates to the convention that drafted the 1935 Constitution. - The constitution was ratified by the popular convention of the KALIBAPI in Manila on September 7, 1943. - Following its ratification, the Second Republic was then formally proclaimed. - The Second Philippine Republic was a single-party authoritarian republic. - José P. Laurel was appointed as President by the National Assembly and was inaugurated into office in October 14, 1943, and Benigno Simeon Aquino Sr. was the Speaker of the National Assembly. - The 1943 Constitution was in operation in Japanese-controlled areas of the Philippines from October 14, 1943 to August 17, 1945. - The United States and the Commonwealth government which was in exile did not recognize the said constitution. - Laurel formally dissolved the Second Philippine Republic following the surrender of Japan in World War II. ## The 1973 Constitution - Was promulgated by the 1973 Constitutional Convention, after Marcos declared martial law. - Ruled the Fourth Philippine Republic from January 17, 1973 to February 22, 1986. - A unicameral legislature was established during this period, whose members were elected for a six-year term of office. - The President was elected from among the members of the national Assembly for a six-year term and eligible for reelections. The elected president will serve only as purely ceremonial head of state. - Executive power was exercised by the Prime Minister who was also elected from amongst the members of the national assembly. The Prime Minister was the head of government and Commander-in-Chief of the Armed Forces. - The 1973 Constitution amended on four occasions. - In the 1976 amendments, the Interim National Assembly was replaced by the Interim Batasang Pambansa, the President would also become the Prime Minister and would exercise legislative powers until the lifting of the martial law, the President can legislate on his own on an "emergency". basis. - In the 1980 amendment, the retirement age of the members of the judiciary was extended to 70 years. - In the 1981 amendments, the false parliamentary system was formally modified into a French-style semi-presidential system were: executive power was restored to the President, direct election of the President was restored, an Executive Committee composed of the Prime Minister and not more than 14 members was created to "assist the President in the exercise of his powers and functions and in the performance of his duties as he may prescribe," and the Prime Minister was a mere head of the Cabinet. - The 1984 amendment abolished the Executive Committee and restored the position of Vice-President. ## The 1986 Freedom Constitution - Right after the 1986 People Power Revolution that compelled President Marcos to step down from power, President Corazon Aquino issued Proclamation No. 3 to serve as a provisional constitution. - The proclamation contained some provisions adopted from the 1973 Constitution. - Powers such as government reorganization, removal of officials, appointment of a commission to draft a new and more formal Constitution, which upon ratification, would supplant the Freedom Constitution. - The first part of Proclamation No. 3 reads, "Whereas, the new government was installed through a direct exercise of the power of the Filipino people assisted by units of the new armed forces of the Philippines; whereas, the heroic action of the people was done in defiance of the provisions of the 1973 constitution, as amended; Whereas, the direct mandate of the people as manifested by their extraordinary action demands the complete reorganization of the government, restoration of democracy, protection of basic rights, rebuilding of confidence in the entire governmental system, eradication of graft and corruption, restoration of peace and order, maintenance of the supremacy of civilian authority over the military, and the transition to a government under a new constitution in the shortest time possible; Whereas, during the period of transition to a new constitution it must be guaranteed that the government will respect basic human rights and fundamental freedoms; ## The 1987 Philippine Constitution - Was drafted by a constitutional assembly that was mandated in Proclamation No. 3. - The commission composed fifty members appointed by President Corazon Aquino from various backgrounds: former members of the House of Representatives, former justices of the Supreme Court, a Roman Catholic bishop, and political activists against the Marcos regime. - Cecilia Muñoz-Palma, who was a former Associate Chief Justice of the Supreme Court was elected by the commission as its president. - The final draft of the 1987 Constitution was finished on October 12, 1986 and was presented to President Aquino on October. - The constitution was ratified on February 8, 1987 through a nationwide plebiscite. - Operates since 1987, during the administration of Cory Aquino (1986-1992), Fidel Ramos (1992-1998), Joseph Estrada (1998-2001), Gloria Macapagal Arroyo (2001-2010), Benigno Aquino III (2010-2016), and the current administration of Rodrigo Roa Duterte (2016-present).