PH Agrarian Reform Roel C. Matubang Jr.
PH Agrarian Reform Roel C. Matubang Jr.
PH Agrarian Reform Roel C. Matubang Jr.
Agrarian Reform is defined as the rectification of the whole system of agriculture, it is concerned with the
relation between production and distribution of land among farmers. Also, agrarian reform is the processing of
raw materials that are produced by farming the land from the respective industries.
The land was commonly owned by the community known as barangay. This is a small unit of government
consisting of 30-100 families administered by the chiefs. Everyone in the barangay regardless of status had
access on the land and mutually shares resources and the fruit of their labor. They believed and practiced the
concept of “stewardship” where relationship between man and nature is important. Also, land cultivation was
done commonly by Kaingin system of 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.
Spanish Period
The colonial government at this period introduced a pueblo agriculture, a system wherein native rural
communities were organized into pueblo and each Christianized native family is given a four to five hectares of
land to cultivate. The pueblo agriculture practiced no share cropper class or landless class.
The native families were merely landholders and not landowners. By law, the land assigned to them was the
property of the Spanish King where they pay their colonial tributes to the Spanish authorities in the form of
agricultural products they produced.
Through the laws of the Indies, the Spanish crown awarded tracts of land to the Friar lands for the religious
orders, Repartiamentos for lands granted to the Spanish military as a reward for their service, and Encomienda,
a large tracts of land given to Spaniards (encomiendero) to manage and have the right to receive tributes from
the natives tilling it.
Abusive encomienderos collected more tributes that became the land rentals from the natives living in the area.
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.
American Era (1898-1935)
Realizing that being landless was the main cause of social 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.
Significant legislation enacted during the American Period are Philippine Bill of 1902, this regulates on the
disposal of public lands wherein private individuals and corporations may acquire: 16 has for private
individuals and 1,024 has for corporations. This also gave the rights to the Americans to own agricultural lands.
Some native farmers were without titles at the start of American era. To remedy the situation, then they
introduced the Land Registration Act of 1902 (Act. No. 496), provided a comprehensive registration of land
titles under the Torrens system. The Public Land Act of 1903, introduced the homestead system in the
Philippines. Lastly, the Tenancy Act of 1933 (Act. No. 4054 and 4113) it regulated relationship between
landowners and tenants of rice (50-50 sharing) and sugar cane lands.
There were widespread peasant’s uprisings, headed by the armed peasant’s groups known as Colorum and
Sakdalista of Luzon and Northeastern Mindanao respectively. There uprisings resulted to social disorder in
1920’s and 1930’s. This gave birth to the Communist Party of the Philippines.
Commonwealth Period
President Manuel L. Quezon espoused the “Social Justice” program to arrest the increasing social unrest in
Central Luzon. Below are the 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.
The National Rice and Corn Corporation (NARIC), 1936 – established the price of rice and corn thereby help
the poor tenants as well as consumers. The 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.
The Rural Program Administration, created on March 2, 1939 – provided the purchase and lease of haciendas
and their sale and lease to the tenants. Lastly, the Commonwealth Act No. 441, enacted on June 3, 1936 –
created the National Land Settlement Administration with a capital stock of P20,000,000.
Japanese Era
During this 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 and
harvest to the people.
For them, the war was a golden opportunity for people’s 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 guard’s landlords were able to retrieve their lands from the HUKBALAHAP.
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.
The Republic Act no. 34 was enacted to establish a 70-30 sharing arrangement between tenant and landlord.
The 70% of the harvest will go to the person who shouldered the expenses for planting, harvesting and for the
work animals.
President Roxas negotiated for the purchased of 8,000 hectares of land in Batangas owned by the Ayala-Zobel
family. These were sold to landless farmers.
However, due to lack of support of facilities, these farmers were forced to resell their lands to the landowning
class. This failure basis to doubt the real meaning of land reform program.
Through 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.
President Magsaysay realized the importance of pursuing a more honest-to-goodness land reform program. He
convinced the elite controlled congress to pass several legislations to improve the land reform situation.
He enacted the following laws: Republic Act No. 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.
The Republic Act No. 1199 or Agricultural Tenancy Act of 1954 was passed to 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.
The 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 individual and 600 hectares for corporations.
Lastly, Republic Act No. 821 or Agricultural Credit and Cooperative Financing Administration this will
provided small farmers and share tenant’s loans with low interest rates of six to eight percent.
President Diosdado Macapagal was considered the “Father of Agrarian Reform”. It was during his term that the
Agricultural Land Reform Code or RA No. 3844 was enacted on August 8, 1963. This was considered to be the
most comprehensive piece of agrarian reform legislation ever enacted in the country that time.
This Act abolished share tenancy in the Philippines. It prescribed program converting the tenant farmers to
lessees and eventually into owner-cultivators and it aimed to free tenants from the bondage of tenancy and gave
hope to poor Filipino farmers to own the land they are tilling,
Presidential Decree No. 27 became the heart of the Marcos reform. It provided for tenanted lands devoted to
rice and corn to pass ownership to the tenants, and lowered the ceiling for landholdings to 7 hectares. The law
stipulated that share tenants who worked from a landholding of over 7 hectares could purchase the land they
tilted, while share tenants on land less than 7 hectares would become leaseholders.
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.
The Republic Act No. 6389 or Code of Agrarian Reform and RA No. 6390 of 1971 was created the Department
of Agrarian Reform and the Agrarian Reform Special Account Fund. It strengthens the position of farmers and
expanded the scope of agrarian reform.
Also, the Presidential Decree No. 2 of September 26, 1972 was enacted to 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.
During this administration that the present adjudication system was introduced. This gave DAR, the original
and exclusive jurisdiction over agrarian disputes as quasi-judicial powers.
On July 22, 1987, this administration issued the Proclamation No. 131 and Executive Order No. 229 which
aimed to institutes the CARP or Comprehensive Agrarian Reform Program as a major program of the
government. It provided for a special fund known as the Agrarian Reform Fund (ARF).
On June 10, 1988, the CARL or Comprehensive Agrarian Reform Law was enacted which became effective on
June 15, 1988, this program promotes a social justice and industrialization providing the mechanism for its
implementation and for other purposes.
On the same date, June 14, 1990, the Executive Order No. 405 and Executive Order No. 407 was enacted. The
Executive Order No. 405 vested in the Land Bank of the Philippines the responsibility to determine land
valuation and compensation for all lands covered by CARP. Lastly, the Executive Order 407 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.
The Ramos administration is recognized for bringing back support of key stakeholders of CARP by bridging
certain policy gaps on land acquisition and distribution, land valuation, and case resolution. It is also credited
for enhancing internal operating systems and strengthening the capabilities of the DAR bureaucracy. This
administration is also credited for tapping more resources to help implement the program.
By 1996, the Department of Agrarian Reform distributed only 58.26% of the total area target to be covered by
the program. To address the lacking funding and the dwindling time for the implementation of CARP, Ramos
signed the Republic Act No. 8582 in 1998 to provide an additional Php50 billion fund for CARP and extended
its implementation for another 10 years.
This administration saw the urgency of land distribution, and believed that it can be served if it is built on
farmers’ capacities to pursue their own development. One of the first things this administration did was to
rework performance targets – by focusing on the number of hectares of land distributed coupled with an
accounting of farmer beneficiaries and the specific croplands and farm system covered.
President Estrada enacted the law of Executive Order No. 151, in September 1999 or Farmer’s Trust Fund this
will 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
MAGSASAKA. 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.
The agrarian reform 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.
In 2009, President Arroyo signed Republic Act No. 9700 or the Comprehensive Agrarian Reform Program
Extension with Reforms (CARPER), the amendatory law that extended the deadline of CARP to five more
years.
Also, the Arroyo administration introduces the following: Land Tenure Improvement this will remain vigorous
in implementing land acquisition and distribution component of CARP. The DAR will improve land tenure
system through land distribution and leasehold. The 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. The KALAHI ARZone were also launched. These zones consist of one or more municipalities with
concentration of ARC population to achieve greater agro-productivity. Lastly, the Agrarian Justice this will help
to 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.
Under the governance of President Aquino, the DAR which is the lead agency for CARP implementation is bent
on sustaining the gains of agrarian reform through its three major components – Land Tenure Improvement
(LTI), Program Beneficiaries Development (PBD) and Agrarian Justice Delivery (AJD).
Together with the efforts to fight graft and corruption by the President, it is imperative to have institutional
reforms within DAR as a complement to the abovementioned DAR components as well as give credence,
transparency and accountability at all sectors of the DAR bureaucracy.
2. The Social, Political, Economic, and Cultural Issues and Problems that we face now in terms of
Agrarian Reform
The social, political, economic, and cultural issues and problems that the agrarian reform facing right now are
weak implementation of agrarian reform program, cancellation of titles or certificate of land ownership, and
human rights violations. That’s only few of the issues or problems that the Agrarian Reform faced right now in
our country.
Let’s say that there are various of Acts that implemented in Agrarian Reform, but the problem is the weak
implementation of this Acts. In their experiences, farmers have observed that Department of Agrarian Reform
Officials do not have the political will to implement their programs. This will be the result of weak government
and slowly implementation of the Comprehensive Agrarian Reform Program in the Philippines.
Other issue or problem faced by the agrarian reform is the cancellation of titles or certificate of land ownership.
A Certificate of Land Ownership Award (CLOA) is a document evidencing ownership of the land granted or
awarded to the beneficiary by the Department of Agrarian Reform (DAR). According to the Official Gazette,
some titles were destroyed and had to be reissued through a court process, similar to filing a case. This will be
the worst thing happens because it takes at least 148 days for processing a document in the supreme court of the
Philippines, so, this is the reason why the land owners haven’t no certificates or titles about the ownership of
their lands.
Lastly, the human rights violations also one of the issue of agrarian reform. The farmers believed that violation
of the land rights, is also a violation of their human rights. As we’ve seen in the news and televised media,
many farmer rallyist are protesting in front of the government agencies especially in the Department of Agrarian
Reform (DAR) to fight of their rights and shouting that killing farmers must be stopped.
Land is necessary for all human beings and everybody has the right to use land for his survival. The right to use
is given to all individuals but the matter to be used is limited and the number of users is unlimited.
But how these problems or issues faced by Agrarian Reform can be solve? For me, this are the solutions or
suggestions for the issues or problems I specified above.
For the weak implementation of agrarian reform programs, I suggest that the politicians, local leaders,
administrators, and political leaders must be able to formulate an appropriate policy for the enhancement and
properly implementation of agrarian reform. They must need an objectives and reliable studies and accurate
information about the potential and actual impacts of programs about the agrarian reform. The lawmakers must
be focus and pay attention about the laws and policies of agrarian reform because the farmers serves as our back
bone of our economy.
Secondly, the issue of cancellation of titles or certificate of land ownership. For me, I can suggest that the
Department of Agrarian Reform (DAR) must address this issue to the higher authority to avoid the cancellation
of giving titles or certification to the land owners and the need for the faster resolution of these cases. Also, it is
imperative to immediately communicate the new policies to filed implementers to ensure clarity and uniformity
in implementation of land distribution.
Lastly, human rights violation, for me, I can suggest that the government must propose or implement an act for
the safety and security of our farmers, an act that helps farmers transport their goods conveniently and quickly
to the markets, and an act to provide a farmer with a complete equipment’s, facilities, and materials for the
farming that will a big help for them.