AAA - Readings in Philippine History (Home-Based) (Week 5)

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 9

Alternative Academic Activity (Home-based)

Readings in Philippine History


DISCLAIMER:
1. Read and study the materials.
2. You are responsible for your own learning. Hence, you are discouraged from sending these notes to
your classmates who do not have internet access.
3. These materials can be learned independently. Hence, refrain from studying in groups and going to
internet shops.
4. Assessment tasks will be given after a week of the resumption of classes.
5. STUDENTS ARE DISCOURAGED TO GO OUT. You are encouraged to STUDY at home.

Week 5 (April 13-17, 2020)


Content:
Agrarian Reform From the Spanish Colonial Philippines (page 99-105 in RPH book)
Reading Material:

Agrarian Reform From The Spanish Colonial Philippines

Pre-Spanish Period

“This land is Ours God gave this land to us”

Before the Spaniards came to the Philippines, Filipinos lived in villages or barangays ruled 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 the medium of exchange.

Spanish Period

“United we stand, divided we fall”

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.

First Philippine Republic

“The yoke has finally broken”

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.

American Period

“Long live America”

Significant legislation enacted during the American Period:

 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

“Government for the Filipinos”

President Manuel L. Quezon espoused the "Social Justice" program to arrest the increasing social
unrest in Central Luzon.

Significant legislation enacted during Commonwealth Period:

 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 Division of the Department of Justice.
 Rural Program Administration, created March 2, 1939 – Provided the purchase and lease of haciendas
and their sale and lease to the tenants.
Commonwealth Act No. 441 enacted on June 3, 1939 – Created the National Settlement
Administration with a capital stock of P20,000,000.

Japanese Occupation
“The Era of Hukbalahap”

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

“The New 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 ejectment 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.

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)

Continued the program of President Ramon Magsaysay. 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,
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.

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.

President Marcos enacted the following laws:

 Republic 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 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 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 1987-1992.
 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.

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 CARP.
 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.
 Republic Act No. 8435, 1997 (Agriculture and Fisheries Modernization Act AFMA) – Plugged the legal
loopholes in land use conversion.
 Republic Act 8532, 1998 (Agrarian Reform Fund Bill) – Provided an additional Php50 billion for CARP
and extended its implementation for another 10 years.

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:

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.

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 implementing land 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.

Infrastrucre 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 Department of Agriculture-Department of Environment and Natural Resources-Department of
Agrarian Reform Convergence Initiative to develop a National Greening Program in cooperation with
other government agencies.

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).

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.

ACTIVITY
Answer page 106 of your RPH book.

Week 6 (April 20-24, 2020)


Content:
 The Philippine Constitution(page 109-114 in RPH book)

Evolution of the Philippine Constitution

The Philippines has had a total of six constitutions since the Proclamation of Independence on June 12,
1898. In 1899, the Malolos Constitution, the first Philippine Constitution—the first republican
constitution in Asia—was drafted and adopted by the First Philippine Republic, which lasted from 1899
to 1901.

During the American Occupation, the Philippines was governed by the laws of the United States of
America. Organic Acts were passed by the United States Congress for the administration of the
Government of the Philippine Islands. The first was the Philippine Organic Act of 1902, which provided
for a Philippine Assembly composed of Filipino citizens. The second was the Philippine Autonomy Act of
1916, which included the first pledge of Philippine independence. These laws served as constitutions of
the Philippines from 1902 to 1935.

In 1934, the United States Congress passed the Philippine Independence Act, which set the parameters
for the creation of a constitution for the Philippines. The Act mandated the Philippine Legislature to call
for an election of delegates to a Constitutional Convention to draft a Constitution for the Philippines. The
1934 Constitutional Convention finished its work on February 8, 1935. The Constitution was submitted
to the President of the United States for certification on March 25, 1935. It was in accordance with the
Philippine Independence Act of 1934. The 1935 Constitution was ratified by the Filipino people through
a national plebiscite, on May 14, 1935 and came into full force and effect on November 15, 1935 with the
inauguration of the Commonwealth of the Philippines. Among its provisions was that it would remain
the constitution of the Republic of the Philippines once independence was granted on July 4, 1946.

In 1940, the 1935 Constitution was amended by the National Assembly of the Philippines. The
legislature was changed from a unicameral assembly to a bicameral congress. The amendment also
changed the term limit of the President of the Philippines from six years with no reelection to four years
with a possibility of being reelected for a second term.

During World War II the Japanese-sponsored government nullified the 1935 Constitution and appointed
Preparatory Committee on Philippine Independence to replace it. The 1943 Constitution was used by
the Second Republic with Jose P. Laurel as President.

Upon the liberation of the Philippines in 1945, the 1935 Constitution came back into effect. The
Constitution remained unaltered until 1947 when the Philippine Congress called for its amendment
through Commonwealth Act No. 733. On March 11, 1947 the Parity amendment gave United States
citizens equal rights with Filipino citizens to develop natural resources in the country and operate
public utilities. The Constitution, thereafter, remained the same until the declaration of martial law on
September 23, 1972.

Before President Marcos declared Martial Law, a Constitutional Convention was already in the process
of deliberating on amending or revising the 1935 Constitution. They finished their work and submitted
it to President Marcos on December 1, 1972. President Marcos submitted it for ratification in early
January of 1973. Foreseeing that a direct ratification of the constitution was bound to fail, Marcos issued
Presidential Decree No. 86, s. 1972, creating citizens assemblies to ratify the newly drafted constitution
by means of a Viva Voce vote in place of secret ballots. Marcos announced that it had been ratified and in
full force and effect on January 17, 1973. Although the 1973 Constitution had been “ratified” in this
manner, opposition against it continued. Chief Justice Roberto V. Concepcion in his dissenting opinion in
the case of Javellana v. Executive Secretary, exposed the fraud that happened during the citizen’s
assembly ratification of the 1973 Constitution on January, 10 – 15, 1973. However, the final decision of
this case was that the ratification of the 1973 Constitution was valid and was in force.

When democracy was restored in 1986, President Corazon C. Aquino issued Proclamation No. 3,
suspending certain provisions of the 1973 Constitution and promulgating in its stead a transitory
constitution. A month later, President Aquino issued Proclamation No. 9, s. 1986, which created a
Constitutional Commission tasked with writing a new charter to replace the 1973 Constitution. The
commission finished its work at 12:28 a.m. of October 16, 1986. National Plebiscite was held on
February 2, 1987, ratifying the new constitution. On February 11, 1987, by virtue of Proclamation No.
58, President Aquino announced the official canvassing of results and the ratification of the draft
constitution. The 1987 Constitution finally came into full force and effect that same day with the
President, other civilian officials, and members of the Armed Forces swearing allegiance to the new
charter.

ACTIVITY
Answer the activity on page 115 of you RPH book.

You might also like