ABSTRACT

This article explores key issues around land and agrarian reforms.
Beginning with definitions, it moves on to discuss debates over political
intent and economic outcomes of (redistributionist) reforms as well as
three current issues: gender, land rights and land reforms; neoliberal
‘reforms’ and land titling and land reforms’ contemporary relevance. It
concludes that land and agrarian reforms continue to be of much
importance for poverty alleviation, food security and sustainable
agriculture, particularly in a world framed by neoliberal policies. This
entry discusses agrarian and land reforms. What are the purposes of
agrarian and land reforms, and what circumstances provoke or enable
them?

INTRODUCTION
 Land Reform in the Philippines is a process of redistributing land from the
landlords to tenant-farmers in order that they will be given a chance to own a piece
of land improve their plight. Agrarian reform is concerned with the total
development of the farmer’s economic, social and political The classic definitions
of agrarian and land reform belong to the ‘moment’ of developmental states.
Particularly after the Second World War and decolonization, it was assumed that
the state and state policy could be a motor of development and societal
restructuring. Agrarian reforms are one example of such developmentalist policies.
The assumption was that the state would provide support services, and that
redistribution of income and property would provide overall social benefits. A
situation of ‘agrarian’ reform covers not only a wide redistribution of land but also
the provision of infrastructure, services and, sometimes, a whole programme of
redistributive and democratic reforms. ‘Land’ reform refers to a narrower
redistribution of land, usually to a limited group of beneficiaries.
In spite of its strategic importance, it is viewed with great scepticism. It is
expected to resolve, in a matter of 20 years, the centuries old problem of
landlessness that has spawned social unrest and uprisings. These seeks to solve the
centuries-old problem of landlessness in rural areas. Through the Comprehensive
Agrarian Reform Program (CARP) initiated in 1987, the government addressed
key national goals: the promotion of equity and social justice, food security and
poverty alleviation in the countryside.

BACKGROUND/LITERATURE SEARCH
Every administration has declared agrarian reform a centrepiece programme
for growth and development, yet it has received only scanty resources from
government. Much of the sceptiscm about agrarian reform probably has deep roots
in history.
 During the Spanish colonial period, the bulk of prime lands went to the friars
through means both fair and foul. The tyranny of the friars was one of the factors
that sparked the Philippine Revolution of 1896. When the United States occupied
the Philippines at the turn of the twentieth century, they purchased most of the friar
estates for distribution to tenants. However, because of high prices, most of these
estates went to American firms, businesspersons and property owners.
When peasant uprisings broke out in the 1930s, during the period of the
Commonwealth, President Quezon introduced a massive resettlement programme.
This programme was pursued by President Magsaysay after the Pacific War to
break the backbone of the Huk Rebellion. The government opened up vast
uncultivated and unpopulated areas for homesteading, especially on Mindanao
Island. This created another problem: it marginalized the indigenous population, as
some of the resettlement areas intruded into ancestral domains. This is one of the
roots of the current conflict in Mindanao.
There have been attempts since the Commonwealth to reform tenancy
relations by arranging a more equitable sharing of crops between landowners and
tenants. However, they have not really addressed the problem of landlessness.

PRE-SPANISH PERIOD
* There is no system of land ownership.
*Rudimentary form of private ownership was practiced.
*When the Indo-Malayan race came, they introduced the Muslim system of land distribution in
Southern Philippines. The different social classes:
1. The Nobles- This social class could own their own land free from tribute payment.
2. The Serfs- They were entitled to cultivate certain land, but were required to pay an annual fee
of one-half of the yield of their crops to the Datu.
3. The Slaves- they simply served the Datu or the Nobles and they could be sold or traded.

SPANISH PERIOD
Spain declared all lands in the Philippines as part of public domain regardless of local customs.
*The “Encomienda System” was introduced by the Spaniards. *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).
*On the middle of 17th century “Encomienda System” was abolished due to abuses committed
by the Encomienderos. It was replaced by the “Cacique class”
*The Share tenancy or the “Kasama System” came also into existence. Large landholders leased
portions of their landed estates to intermediaries, who, in turn, rented out parcels to peasants.
*The cacique class continues to grow due to inter-marriage with the Spaniards. They gained
stature with Spanish officials which gave them powers that they became more oppressive. This
results to rebellions during 18th century in Central Luzon. Among the causes were:
1. Enforced labor; 2. Relatively heavy head tax; and 3. Required church and government
contributions. At the close of Spanish Period, Gen. Emilio Aguinaldo confiscated the friar lands
and gave it to landless peasants.

AMERICAN PERIOD
*From 1903 to 1938 there was increase in tenancy rate and land ownership decreased.
*The Public Land Act of 1902 which became effective on July 26, 1904 offered homestead plot
not in excess of 16 hectares to families who had occupied and cultivated the tract they were
residing on since August 1, 1898
*Further opposition to the government and local government policies was evident during the
1940 elections when a socialist and peasant leader, Pedro Abad Santos almost won again the
candidate of the Pampango Landlords.
*Indeed, the agrarian problem festered for so long time that the 1935 Constitution incorporated a
cardinal principle on social justice to insure the well-being and economic security of all the
people.
CONTENT AND DISCUSSION
In 1963, President Macapagal enacted the Land Reform Code. This officially abolished share
tenancy and instituted a leasehold system whereby tenants would eventually own the land
through amortization. However, the programme did not gain momentum.
President Marcos was the first to implement a major redistributive type of land reform. Soon
after imposing martial law in 1972, he issued Presidential Decree No. 27, declaring the whole
country a land reform area. His programme covered rice and maize lands. Thus, only direct
tillers were entitled to land transfer. Marcos' land reform failed because of a number of flaws,
including: the "severely limited" coverage; the high retention limit of 7 ha, which applied even to
absentee property owners; the burdensome process of obtaining land; and the lack of support
services (Reyes, 2001).
After the fall of Marcos, the succeeding government of President Aquino enacted Republic
Act No. 6657, or the Comprehensive Agrarian Reform Law (CARL). The enactment of the
CARL was in itself controversial. It came in the wake of a protest rally of some 10 000 militant
farmers in January 1987 that ended in a massacre. The farmers had been demanding immediate
land distribution, through confiscation and expropriation if necessary. Government troops fired
on them, killing 17 and wounding about 100 others. This prompted the immediate filing in
Congress of the agrarian reform bill. The bill was debated intensely inside and outside the halls
of Congress. There were almost daily mass demonstrations by civil society groups.
The Third Republic
The following are the accomplishments in land and agrarian reform of the
administrations under the Third Republic.

Diosdado Macapagal (1961-1965)

Under the Macapagal administration, the Republic Act No. 3844, otherwise
known as the, Agricultural Land Reform Code was enacted. It abolished share
tenancy; institutionalized leasehold; invested rights of preemption and redemption
for tenant farmers; provided for administrative machinery for implementation;
institutionalized a judicial system of agrarian cases; incorporated extension,
marketing and supervised credit system of services to farmer beneficiaries.

Martial Law and the Fourth Republic

Ferdinand Marcos (1965-1986)
Under the Marcos administration, the following were accomplished: Republic
Act No. 6389 –Instituted Code of Agrarian Reform and created the Department of
Agrarian Reform
Presidential Decree No. 2 –Placed the whole country under the
land reform program
Presidential Decree No. 27 –Restricted land reform scope to
tenanted rice and corn lands.
Presidential Decree (P.D.) 27, On October 21, 1972, a month after the
proclamation of martial law, President Marcos issued P.D. 27 with the main goal
of emancipating farmers from the bondage of the soil. To the decree, there is no
more leasehold in tenanted rice and corn land. The tiller automatically becomes the
amortizing owner of the land he tills. Two Aspects of Land Distribution
1.Determination of the land to be transferred –Rice and corn areas were selected
because they were the areas of urgent reforms because of social unrest associated
with rice tenancy.
2.Financing –The -decree solved the problem of financing by fixing the value of
land at a relatively modest rate, and directing compensation that may be paid
directly by the tiller to the landowner or converted into three-way arrangement.
Coverage of P.D. 27 All private tenanted agricultural land devoted to rice and corn
in excess of seven (7) hectares. Priorities of coverage shall be:
1. Larger than 24 hectares
2.Less than 24 but not below 12 hectares
3.12 hectares less retention limit Beneficiaries of P.D. 27Bonafide tenant farmer of
private agricultural land devoted to rice and corn are benefited with an economic
size farm fixed at three (3) hectares of irrigated lands and maximum of five (5)
hectares for non-irrigated. Retention Limit of P.D. 27Landowners may retain an
area not more than seven (7) hectares, on conditions that each landowner is
cultivating such area. Letter of Instruction 143 (October 31, 1973) compels
landowner to transfer to their tenant, if determined by DAR to be absentee-farmer,
with sources of income other than their holdings. Letter of Instruction 474
(October 21,1976) provides that tenanted areas of seven (7) hectares or less could
be placed under P.D. 27, if the owner own other agricultural lands not devoted to
rice and corn, or other lands used for residential, industrial, or other urban purposes
from which they receive adequate income to support themselves and their families.

The Fifth Republic

Corazon Aquino (1986-1992)
The achievements of the Cory Aquino administration on agrarian
reform:
1987 Constitution (Art. II, Sec. 21) –“The State shall promote
comprehensive rural development and agrarian reform.” Proclamation
No. 131 –Institutionalized the Comprehensive Agrarian Reform
Program (CARP) and Agrarian Reform Fund (ARF). It covers all
agricultural lands regardless of tenurial arrangement and commodity
produced, all public and private agricultural lands and other lands of
public domain suitable to agriculture.
Executive Order No. 129-A –Reorganized, streamlined and expanded
power and operation of DAR.
Executive Order No. 228 –Declared full ownership to qualified farmer-
beneficiaries covered by P.D. 27. It also provided for the manner of
payment by the farmer beneficiary and mode of compensation to the
landowners. Executive Order No. 229 –Provided mechanism for the
implementation of CARP such as administrative procedures and
mechanics for land registration, private land acquisition, and mode of
compensation to the landowners.
Republic Act No. 6657 –Comprehensive Agrarian Reform Law. It is an
act instituting a comprehensive agrarian reform program to promote
social justice and industrialization providing the mechanism for its
implementation and for other purposes.
Republic Act (R.A.) 6657Accordingly, the centerpiece of the Cory
Aquino administration was the launching of the Comprehensive
Agrarian Reform Program by virtue of
Proclamation 131 and Executive Order 229 which was signed by
President Cory Aquino on July 22, 1987. The latter provided the
mechanism needed initially to implement the CARP. The
implementation of the CARP is supported into law by the enactment of
Republic Act 6657 otherwise known as the “Comprehensive Agrarian
Reform Law” which was signed by President Aquino on June 10, 1988;
thus all matters involving the implementation of agrarian reform are nor
governed by the said act.
Existing laws such as R.A. 3844 as amended, P.D. 27, and other laws
consistent with the Act shall have only suppletory effect.
Executive Order No. 129- A provided for the strengthening of the
DAR as the lead agency responsible for the implementation of CARP.
The Comprehensive Agrarian Reform Law otherwise known as RA
6657 emerged nearly after a year of debates, pressure demonstrations
and deadlocks between interest groups. President Aquino signed it on
June 10, 1988 and it became effective on June 15, 1988. Since then
various measures were adopted to facilitate CARP implementation such
as the formulation of implementing guidelines, institutionalization of
implementing and coordinating mechanisms, information dissemination
and initial registration of lands, landowners and farmer-beneficiaries. To
strengthen CARP and speed up its implementation, President Aquino
issued in June 1990 three key executive orders namely:
1. Executive Order No. 405 –vested in the Land Bank of the
Philippines the primary responsibility for land valuation.
2. Executive Order No. 406–emphasized that CARP is central to the
government’s efforts to hasten countryside agro-industrial development
and directed the implementing agencies to align their respective
programs and projects with the CARP; created CARP implementing
teams from the national to the municipal levels; and, identified and gave
priority to 24 Strategic Operating Provinces (SOP) where the bulk of
CARP workload lies, without prejudice to the program implementation
in the other provinces of the country.
3. Executive Order No. 407 –directed all government instrumentalities,
including financial institutions and corporations, to turn over to DAR all
lands suitable for agriculture for coverage under CARP. Furthermore,
the 1987 Constitution, which was ratified on February 2, 1987, contains
several provisions directly dealing with the agrarian reform.

Conclusion
From the discussions above, a number of questions emerge which are
relevant to the success or otherwise of land reforms. These include what
the purpose of the agrarian reform was seen to be. This article has
emphasized competing definitions of agrarian and land reforms,
particularly between redistributionist and market-based models. Many
reasons for agrarian reforms exist, encompassing the economic, political
and ecological spheres as well as that of human rights. The reasons
emphasized tend to vary according to the political aim as well as the
scope of agrarian reforms.

References
https://journals.sagepub.com/doi/abs/10.1177/0976399619879866
https://www.isa-sociology.org/uploads/files/Agrarian%20Reform.pdf
http://www.fao.org/3/j0415t/j0415t08.htm
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