Scribd Logo
Upload

Welcome to Scribd!

  • 511 views

    History and Legal Basis of Land Reform and Agrarian Reform

    Uploaded by

    LorenzOrminita
    The document summarizes the history and legal basis of land reform and agrarian reform in the Philippines from pre-Spanish times to the Commonwealth Agricultural Program (CARP). Some key points include: 1) Before Spanish colonization, land was communally owned and everyone had access to farm. The Spanish introduced land grants called encomiendas that eventually led to land concentration and abuse of tenants. 2) Various American and Commonwealth era laws aimed to distribute land but had limited success. The Hukbalahap movement organized peasant uprisings during the Japanese occupation. 3) Post-war presidents like Magsaysay established agencies to resettle farmers, but comprehensive land reform remained elusive until the Comprehen

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    History and Legal Basis of Land Reform and Agrarian Reform

    Uploaded by

    LorenzOrminita
    511 views6 pages
    The document summarizes the history and legal basis of land reform and agrarian reform in the Philippines from pre-Spanish times to the Commonwealth Agricultural Program (CARP). Some key points include: 1) Before Spanish colonization, land was communally owned and everyone had access to farm. The Spanish introduced land grants called encomiendas that eventually led to land concentration and abuse of tenants. 2) Various American and Commonwealth era laws aimed to distribute land but had limited success. The Hukbalahap movement organized peasant uprisings during the Japanese occupation. 3) Post-war presidents like Magsaysay established agencies to resettle farmers, but comprehensive land reform remained elusive until the Comprehen

    Original Description:

    History and Legal Basis of Land Reform and Agrarian Reform

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document summarizes the history and legal basis of land reform and agrarian reform in the Philippines from pre-Spanish times to the Commonwealth Agricultural Program (CARP). Some key points include: 1) Before Spanish colonization, land was communally owned and everyone had access to farm. The Spanish introduced land grants called encomiendas that eventually led to land concentration and abuse of tenants. 2) Various American and Commonwealth era laws aimed to distribute land but had limited success. The Hukbalahap movement organized peasant uprisings during the Japanese occupation. 3) Post-war presidents like Magsaysay established agencies to resettle farmers, but comprehensive land reform remained elusive until the Comprehen

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    511 views6 pages

    History and Legal Basis of Land Reform and Agrarian Reform

    Uploaded by

    LorenzOrminita
    The document summarizes the history and legal basis of land reform and agrarian reform in the Philippines from pre-Spanish times to the Commonwealth Agricultural Program (CARP). Some key points include: 1) Before Spanish colonization, land was communally owned and everyone had access to farm. The Spanish introduced land grants called encomiendas that eventually led to land concentration and abuse of tenants. 2) Various American and Commonwealth era laws aimed to distribute land but had limited success. The Hukbalahap movement organized peasant uprisings during the Japanese occupation. 3) Post-war presidents like Magsaysay established agencies to resettle farmers, but comprehensive land reform remained elusive until the Comprehen

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 6

    Floriza Leigh E.

    Orminita PH 2Y2-1

    HISTORY AND LEGAL BASIS OF


    LAND

    REFORM

    AND

    AGRARIAN

    REFORM ( Pre-Spanish to CARP)

    during that time was the Maragtas Code.


    This is the selling of the Panay Island to the
    ten Bornean datus in exchange for a golden
    salakot and a long gold necklace. Although
    the Code of Luwaranwas one of the oldest
    written laws of the Muslim society which
    contains provision on the lease of cultivated
    lands, there was no record how the lease
    arrangement was practiced.

    Pre-Spanish era
    This land is Ours God gave this land to us
    Before the Spaniards came to the
    Philippines, Filipinos lived in villages or
    barangaysruled by chiefs or datus. The
    datus comprised the nobility. Then came the
    maharlikas(freemen), followed by the aliping
    mamamahay (serfs) and aliping saguiguilid
    (slaves). 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 themedium of exchange.
    In these barangays, everyone regardless of
    status had access on the land and mutually
    shares resources to the rest of the
    community. They believed in and practiced
    the concept of stewardship where
    relationship between man and nature is
    important.
    Land cultivation was done commonly by
    kaingin system or the slash and burn
    method wherein land was cleared by
    burning the bushes before planting the crops
    or either land was plowed and harrowed
    before planting. On the other hand, food
    production was intended for family
    consumption only at first but later on
    neighboring communities where engaged in
    a barter trade, exchanging their goods with
    others. Some even traded their agricultural
    products with luxury items of some foreign
    traders like the Chinese, Arabs and
    Europeans.
    The only recorded transaction of land sale

    Spanish era
    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 he lands in freedom
    were transformed into mere share
    tenants.
    o

    A compras y vandalas system


    was practiced wherein tillers
    were made to compulsory sell at
    a very low price or surrender
    their agricultural harvests to
    Spanish
    authorities
    where
    encomienderos can resell it for
    a
    profit.
    People
    of
    the
    encomiendas
    were
    also
    required to render personal
    services on public and religious
    work and as a household help to
    the encomienderos.
    In 1894, the last Spanish Land
    Law
    promulgated
    in
    the
    Philippines was The Maura Law
    or Royal Decree of 1894. This
    law states that farmers and
    landholders were given one

    year to register their agricultural


    lands to avoid declaration of it
    as a state property.

    American era
    Realizing that being landless was the
    main cause ofsocial unrest and revolt at
    that time, the Americans sought to put
    an end to the miserable conditions of
    the tenant tillers and small farmers by
    passing several land policies to widen
    the base of small landholdings and
    distribute land ownership among the
    greater number of Filipino tenants and
    farmers.
    In connection to this, the Philippine Bill
    of 1902 was passed which provided
    regulations on the disposal of public
    lands wherein a private individual can
    own 16 hectares of land while the
    corporate land holdings can avail of 1,
    024 hectares. This also gave the rights
    to the Americans to own agricultural
    lands.
    o

    A
    program
    called
    the
    Homestead
    Program
    was
    introduced in 1903 that allowed
    an enterprising tenant to acquire
    a farm of at least 16 hectares to
    cultivate. However, the program
    was
    not
    implemented
    nationwide and was introduced
    only in some parts of Mindanao
    and Northern Luzon, where
    there were available public
    alienable and disposable lands.
    There is also the Friar Land
    Act or Act No. 1120 which
    provided the administrative and
    temporary leasing and selling of
    friar lands to its tillers.
    The first legislation regulating
    the relationships of landlord and
    tenants and the first law to
    legalize a 50-50 crop sharing
    arrangement
    was
    also

    introduced in the American era


    and is known as the Rice Share
    Tenancy Act of 1933 or Act
    No. 4054.
    Sugarcane Tenancy Contracts
    Act of 1933 or Act No. 4113
    which regulated the relationship
    of landlord and tenants in the
    sugarcane fields and required
    tenancy contracts on land
    planted to sugarcane.

    However, despite the different land


    policies passed during that time, the
    farmers situation did not improve at
    all. In fact, it further worsened the
    land ownership situation, where
    there was no limit on the size of
    landholdings one could possess.
    Landholdings were once again
    concentrated in the hands of fewer
    individuals who can afford to buy,
    register, and acquire fixed titles of
    their properties. Therefore, more
    lands were placed under tenancy.

    As a result, there were widespread


    peasant uprisings, headed by the
    armed peasants groups known as
    Colorum and Sakdalistaof Luzon
    and
    Northeastern
    Mindanao
    respectively.
    These
    uprisings
    resulted to social disorder in 1920s
    and 1930s. Hence, more militant
    peasants and workers organizations
    bonded together for a more
    collective action against the abuses
    of
    landlords
    and
    unjust
    landownership situation. This gave
    birth to the Communist Party of the
    Philippines.

    landowners increased. They preferred to


    go after new opportunities in the cities
    and left their farms idle to the
    management of katiwalas. As a result,
    haciendas were poorly and unjustly
    managed.

    Commonwealth era
    In the history of agrarian reform, the
    Commonwealth Period stands out as
    the time when the tenants were able to
    make some headway in their struggle
    for land tenure with the passage of
    Commonwealth Acts (CA) 178 and
    461 and the creation of the precursors
    to the Department of Agrarian Reform
    were created the Rural Program and
    the
    National
    Settlement
    Administrations.
    To give flesh to the Social Justice
    provision of the 1935 Constitution, Pres.
    Manuel L. Quezon enacted CA No. 178
    on November 13, 1936 providing certain
    controls
    in
    the
    landlord-tenant
    relationship. On the same year, the
    National Rice and Corn Corporation
    (NARIC)
    was
    created.
    NARIC
    established controls over the price of
    rice and corn in its effort to help farmers
    and consumers. The next 3 years that
    followed saw the passage of CA Nos.
    461 and 441 and the creation of the
    Rural Program Administration (March
    2,
    1939).
    The
    Rural
    Program
    Administration administered the sale
    and lease of haciendas to the tenants.
    CA No. 461 further protected the rights
    of tenants by providing specific reasons
    and the need for the approval by the
    Tenancy Division of the Department of
    Justice before a tenant may be
    dismissed while CA 441 which was
    enacted on June 3, 1939 created the
    National Settlement Administration.
    During these years the situation of land
    ownership
    and
    tenancy
    were
    characterized
    by
    the
    contrasting
    economic and political lifestyle between
    tenant and the landlord. Landlords
    became richer and powerful while the
    tenants were deprived of their rights,
    became
    poorer
    and
    absentee

    Japanese Era
    During the Japanese occupation,
    peasants and workers organized the
    HUKBALAHAP (Hukbong Bayan Laban
    sa mga Hapon) on March 29, 1942 as
    an anti-Japanese group. They took over
    vast tracts of land and gave the land to
    the people.
    For them, the war was a golden
    opportunity for peoples initiative to push
    pro-poor programs. Landlords were
    overpowered by the peasants but
    unfortunately at the end of the war,
    through the help of the military police
    and civilian guards, landlords were able
    to retrieve their lands from the
    HUKBALAHAP.

    Pres. Manuel Roxas


    o

    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

    President Roxas also negotiated for


    the purchase of 8,000 hectares of
    lands in Batangas owned by the
    Ayala-Zobel family. These were sold
    to landless farmers.
    However, due to lack of support
    facilities, the farmers were forced to
    resell their lands to the landowning
    class. This failure gave basis to

    doubt the real meaning of land


    reform program.

    Pres. Elpidio Quirino


    o

    Credit
    Cooperative
    FinancingAdministration)
    -Provided small farmers and
    share tenants loans with low
    interest ratesof six to eight
    percent.

    Executive Order No. 355, the


    Land Settlement Development
    Corporation (LASEDECO) was
    established to accelerate and
    expand
    the
    peasant
    resettlement program of the
    government. However, due to
    limited post-war resources, the
    program was not successful.

    Pres. Ramon Magsaysay


    o 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.
    o 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.
    o
    Republic Act No. 1400 (Land
    Reform Act of 1955) Land to
    the Landless 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.
    o
    Republic Act No. 821
    (Creation
    of
    Agricultural

    Pres. Carlos P. Garcia


    No new legislation passed. He
    continued to implement the land reform
    programs of Pres. Magsaysay.

    Pres. Diosdado Macapagal


    It was during Diosdado Macapagal that
    the Agricultural Land Reform Code or
    RA No. 3844 was enacted, more
    specifically on August 8, 1963. This was
    considered
    to
    be
    the
    most
    comprehensive piece of agrarian reform
    legislation ever enacted in the country
    that time. Because of this, President
    Diosdado Macapagal was considered as
    the Father of Agrarian Reform.
    o

    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.
    Finally, it emphasized ownercultivator
    relationship
    and
    farmer independence, equity,
    productivity improvement and
    the public distribution of land..

    However, the landed Congress


    did not provide effort to come up
    with a separate bill to provide
    funding for its implementation.
    The act was piloted in the
    provinces
    of
    Pangasinan,
    Bulacan,
    Nueva
    Ecija,
    Pampanga, Tarlac, Occidental
    Mindoro, Camarines Sur and
    Misamis Oriental. It acquired a
    total of 18,247.06 hectares or
    99.29% out of the total scope of
    18,377.05
    hectares.
    The
    program benefited 7,466 farmer
    beneficiaries.
    (BLAD-DAR
    Official Records)
    Pres. Ferdinand Marcos
    o

    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.
    Republic Act No. 6389, (Code
    of Agrarian Reform) and RA
    No. 6390 of 1971 -- Createdthe
    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.
    Pres. Corazon C. Aquino

    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.
    o

    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 Presidential
    issuances 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 farmerbeneficiaries 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
    from1987-1992.
    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 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.

    References:
    http://www.academia.edu/1851380/Agrarian_Reform
    _History
    http://www.dar.gov.ph/major-final-outputs-mfos/9main/996-dar-historical-background

    You might also like