Agrianreform.pdf

Caraga state university Ampayon, Butuan City 8600, Philippines URL: www.carsu.edu.ph THE AGRARIAN REFORM 1  AGRARIAN REFORM ✓ REPUBLIC ACT NO. 6657 also known as “The Comprehensive Agrarian Reform Law of 1998” [as amended by Republic Act...

Caraga state university Ampayon, Butuan City 8600, Philippines URL: www.carsu.edu.ph THE AGRARIAN REFORM 1  AGRARIAN REFORM ✓ REPUBLIC ACT NO. 6657 also known as “The Comprehensive Agrarian Reform Law of 1998” [as amended by Republic Act Nos. 7881, 7905, 532 and 9700] ✓ The term “Agrarian” is derived from the Latin word “ager” which means “a field.” ✓ On the other hand, reform presupposes something is defective, hence, needs reformation and correction. ✓ Agrarian law governs and regulates the rights and relationship over agricultural lands between landowners, tenants, lessees or agricultural workers 2  AGRARIAN REFORM ✓ “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 (Sec.3 (a), R.A. No. 6657). 3 ✓ Agrarian reform is not confined to distribution of lands to landless farmers and regular farmworkers – it includes other alternative modes, such as: (a) labor administration; (b) profit – sharing; (c) stock distribution. The reason is because to confine agrarian reform to land distribution is simply not feasible, considering, there is not enough agricultural land that can be distributed to every farmer or regular farmworker. 4  AGRARIAN REFORM HISTORY Pre-Spanish Period Before the Spaniards came to the Philippines, Filipinos lived in villages or barangays ruled by chiefs or datus. The datus comprised the nobility. 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. 5  AGRARIAN REFORM HISTORY Spanish Period When the Spaniards came to the Philippines, the concept of encomienda (Royal Land Grants) was introduced. This system grants that Encomienderos must defend his encomienda from external attack, maintain peace and order within, and support the missionaries. In turn, the encomiendero acquired the right to collect tribute from the indios (native). The system, however, degenerated into abuse of power by the encomienderos 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. 6  AGRARIAN REFORM HISTORY First Philippine Republic When the First Philippine Republic was established in 1899, 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 7  AGRARIAN REFORM HISTORY American Period Significant legislation enacted during the American Period: Philippine Bill of 1902 – Set hectarage of private individuals and corporations: 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. 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 8  AGRARIAN REFORM HISTORY Commonwealth Period President Manuel L. Quezon espoused the "Social Justice" program to arrest the increasing social unrest in Central Luzon. Significant legislation enacted during Commonwealth Period: 1. 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" 2. Commonwealth Act No. 178 (An Amendment to Rice Tenancy Act No. 4045), Nov. 13, 1936 – Provided for certain controls in the landlord-tenant relationships 3. National Rice and Corn Corporation (NARIC), 1936 – Established the price of rice and corn thereby help the poor tenants as well as consumers. 4. 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. 9  AGRARIAN REFORM HISTORY Japanese Occupation 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). 10  AGRARIAN REFORM HISTORY 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 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 11  AGRARIAN REFORM HISTORY Philippine Republic 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. 12  AGRARIAN REFORM HISTORY Philippine Republic Ramon Magsaysay (1953-1957) enacted the following laws: 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. 821 (Creation of Agricultural Credit Cooperative Financing Administration) -- Provided small farmers and share tenants loans with low interest rates of six to eight percent 13  AGRARIAN REFORM HISTORY Philippine Republic President Carlos P. Garcia (1957-1961) Continued the program of President Ramon Magsaysay. 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 farmers from the bondage of tenancy 14  AGRARIAN REFORM HISTORY 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. 27, October 21, 1972 -- Restricted land reform scope to tenanted rice and corn lands and set the retention limit at 7 hectares. 15  AGRARIAN REFORM HISTORY 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. 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. 16  AGRARIAN REFORM HISTORY 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 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. 17  AGRARIAN REFORM HISTORY Philippine Republic 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. President Joseph E. Estrada initiated the enactment of the following law: 1. Executive Order 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. 18  AGRARIAN REFORM HISTORY Philippine Republic 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.” 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. 19  AGRARIAN REFORM HISTORY 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 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. 20  AGRARIAN REFORM HISTORY Philippine Republic President Rodrigo Roa Duterte (2016 – present) 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). 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. 21  References 1. Nery, I., Sion, PJ., Dolina, V. (2019). Reading in Philippine History. Paranaque City, Philippines: JTCA Publishing. 2. https://www.dar.gov.ph/about-us/agrarian-reform-history/ 22