Agrarian Reform History

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Agrarian Reform History When the First Philippine

established in 1899,
Republic was
Gen. Emilio
Aguinaldo declared in the Malolos
Pre-Spanish Period Constitution his intention to confiscate
large estates, especially the so-called
“This land is Ours God gave this land to Friar lands.
us”
However, as the Republic was short-
Before the Spaniards came to the lived, Aguinaldo’s plan was never
Philippines, Filipinos lived in villages or implemented.
barangays ruled by chiefs or datus. The
datus comprised the nobility. Then came American Period
the maharlikas (freemen), followed by
the aliping mamamahay (serfs) and “Long live America”
aliping saguiguilid (slaves).
Significant legislation enacted during the
However, despite the existence of American Period:
different classes in the social structure,
practically everyone had access to the
 Philippine Bill of 1902 – Set the
fruits of the soil. Money was unknown,
ceilings on the hectarage of
and rice served as the medium of
private individuals and
exchange.
corporations may acquire: 16
has. for private individuals and
Spanish Period 1,024 has. for corporations.
 Land Registration Act of 1902
“United we stand, divided we fall” (Act No. 496) – Provided for a
comprehensive registration of
When the Spaniards came to the land titles under the Torrens
Philippines, the concept of encomienda system.
(Royal Land Grants) was introduced.  Public Land Act of 1903 –
This system grants that Encomienderos introduced the homestead
must defend his encomienda from system in the Philippines.
external attack, maintain peace and  Tenancy Act of 1933 (Act No.
order within, and support the 4054 and 4113) – regulated
missionaries. In turn, the encomiendero relationships between
acquired the right to collect tribute from landowners and tenants of rice
the indios (native). (50-50 sharing) and sugar cane
lands.
The system, however, degenerated into
abuse of power by the encomienderos The Torrens system, which the
The tribute soon became land rents to a Americans instituted for the registration
few powerful landlords. And the natives of lands, did not solve the problem
who once cultivated the lands in completely. Either they were not aware
freedom were transformed into mere of the law or if they did, they could not
share tenants. pay the survey cost and other fees
required in applying for a Torrens title.
First Philippine Republic
Commonwealth Period
“The yoke has finally broken”
“Government for the Filipinos”
President Manuel L. Quezon espoused the Japanese lost their lands to
the "Social Justice" program to arrest peasants while those who supported the
the increasing social unrest in Central Huks earned fixed rentals in favor of the
Luzon. tenants.

Significant legislation enacted during Unfortunately, the end of war also


Commonwealth Period: signaled the end of gains acquired by
the peasants.
 1935 Constitution – "The
promotion of social justice to Upon the arrival of the Japanese in the
ensure the well-being and Philippines in 1942, peasants and
economic security of all people workers organizations grew strength.
should be the concern of the Many peasants took up arms and
State" identified themselves with the anti-
 Commonwealth Act No. 178 (An Japanese group, the HUKBALAHAP
Amendment to Rice Tenancy Act (Hukbo ng Bayan Laban sa Hapon).
No. 4045), Nov. 13, 1936 –
Provided for certain controls in Philippine Republic
the landlord-tenant relationships
 National Rice and Corn
“The New Republic”
Corporation (NARIC), 1936 –
Established the price of rice and
corn thereby help the poor After the establishment of the Philippine
tenants as well as consumers. Independence in 1946, the problems of
 Commonwealth Act. No. 461, land tenure remained. These became
1937 – Specified reasons for the worst in certain areas. Thus the
dismissal of tenants and only Congress of the Philippines revised the
with the approval of the Tenancy tenancy law.
Division of the Department of
Justice. President Manuel A. Roxas (1946-
 Rural Program Administration, 1948) enacted the following laws:
created March 2, 1939 –
Provided the purchase and lease  Republic Act No. 34 --
of haciendas and their sale and Established the 70-30 sharing
lease to the tenants. arrangements and regulating
Commonwealth Act No. 441 share-tenancy contracts.
enacted on June 3, 1939 –  Republic Act No. 55 -- Provided
Created the National Settlement for a more effective safeguard
Administration with a capital against arbitrary ejectment of
stock of P20,000,000. tenants.

Japanese Occupation Elpidio R. Quirino (1948-1953) enacted


the following law:
“The Era of Hukbalahap”
Executive Order No. 355 issued on
October 23, 1950 -- Replaced the
The Second World War II started in National Land Settlement Administration
Europe in 1939 and in the Pacific in with Land Settlement Development
1941. Corporation (LASEDECO) which takes
over the responsibilities of the
Hukbalahap controlled whole areas of Agricultural Machinery Equipment
Central Luzon; landlords who supported
Corporation and the Rice and Corn Republic Act No. 3844 of August 8, 1963
Production Administration. (Agricultural Land Reform Code) --
Abolished share tenancy,
Ramon Magsaysay (1953- institutionalized leasehold, set retention
1957) enacted the following laws: limit at 75 hectares, invested rights of
preemption and redemption for tenant
 Republic Act No. 1160 of 1954 -- farmers, provided for an administrative
Abolished the LASEDECO and machinery for implementation,
established the National institutionalized a judicial system of
Resettlement and Rehabilitation agrarian cases, incorporated extension,
Administration (NARRA) to marketing and supervised credit system
resettle dissidents and landless of services of farmer beneficiaries.
farmers. It was particularly aimed
at rebel returnees providing The RA was hailed as one that would
home lots and farmlands in emancipate Filipino farmers from the
Palawan and Mindanao. bondage of tenancy.
 Republic Act No. 1199
(Agricultural Tenancy Act of President Ferdinand E. Marcos (1965-
1954) -- governed the 1986)
relationship between landowners
and tenant farmers by organizing Proclamation No. 1081 on September
share-tenancy and leasehold 21, 1972 ushered the Period of the New
system. The law provided the Society. Five days after the proclamation
security of tenure of tenants. It of Martial Law, the entire country was
also created the Court of proclaimed a land reform area and
Agrarian Relations. simultaneously the Agrarian Reform
 Republic Act No. 1400 (Land Program was decreed.
Reform Act of 1955) -- Created
the Land Tenure Administration President Marcos enacted the following
(LTA) which was responsible for laws:
the acquisition and distribution of
large tenanted rice and corn  Republic Act No. 6389, (Code of
lands over 200 hectares for Agrarian Reform) and RA No.
individuals and 600 hectares for 6390 of 1971 -- Created the
corporations. Department of Agrarian Reform
 Republic Act No. 821 (Creation and the Agrarian Reform Special
of Agricultural Credit Cooperative Account Fund. It strengthen the
Financing Administration) -- position of farmers and
Provided small farmers and expanded the scope of agrarian
share tenants loans with low reform.
interest rates of six to eight  Presidential Decree No. 2,
percent. September 26, 1972 -- Declared
the country under land reform
President Carlos P. Garcia (1957- program. It enjoined all agencies
1961) and offices of the government to
extend full cooperation and
Continued the program of President assistance to the DAR. It also
Ramon Magsaysay. No new legislation activated the Agrarian Reform
passed. Coordinating Council.
 Presidential Decree No. 27,
President Diosdado P. Macapagal October 21, 1972 -- Restricted
(1961-1965) enacted the following law: land reform scope to tenanted
rice and corn lands and set the  Executive Order No. 129-A, July
retention limit at 7 hectares. 26, 1987 – streamlined and
expanded the power and
President Corazon C. Aquino (1986- operations of the DAR.
1992)  Republic Act No. 6657, June 10,
1988 (Comprehensive Agrarian
The Constitution ratified by the Filipino Reform Law) – An act which
people during the administration of became effective June 15, 1988
President Corazon C. Aquino provides and instituted a comprehensive
under Section 21 under Article II that agrarian reform program to
“The State shall promote comprehensive promote social justice and
rural development and agrarian reform.” industrialization providing the
mechanism for its
On June 10, 1988, former President implementation and for other
Corazon C. Aquino signed into law purposes. This law is still the one
Republic Act No. 6657 or otherwise being implemented at present.
known as the Comprehensive Agrarian  Executive Order No. 405, June
Reform Law (CARL). The law became 14, 1990 – Vested in the Land
effective on June 15, 1988. Bank of the Philippines the
responsibility to determine land
Subsequently, four Presidential valuation and compensation for
issuances were released in July 1987 all lands covered by CARP.
after 48 nationwide consultations before  Executive Order No. 407, June
the actual law was enacted. 14, 1990 – Accelerated the
acquisition and distribution of
agricultural lands, pasture lands,
President Corazon C. Aquino enacted
fishponds, agro-forestry lands
the following laws:
and other lands of the public
domain suitable for agriculture.
 Executive Order No. 228, July
16, 1987 – Declared full
President Fidel V. Ramos (1992-1998)
ownership to qualified farmer-
beneficiaries covered by PD 27.
It also determined the value When President Fidel V. Ramos formally
remaining unvalued rice and corn took over in 1992, his administration
lands subject of PD 27 and came face to face with publics who have
provided for the manner of lost confidence in the agrarian reform
payment by the FBs and mode of program. His administration committed
compensation to landowners. to the vision “Fairer, faster and more
 Executive Order No. 229, July meaningful implementation of the
22, 1987 – Provided mechanism Agrarian Reform Program.
for the implementation of the
Comprehensive Agrarian Reform President Fidel V. Ramos enacted the
Program (CARP). following laws:
 Proclamation No. 131, July 22,
1987 – Instituted the CARP as a  Republic Act No. 7881, 1995 –
major program of the Amended certain provisions of
government. It provided for a RA 6657 and exempted
special fund known as the fishponds and prawns from the
Agrarian Reform Fund (ARF), coverage of CARP.
with an initial amount of Php50  Republic Act No. 7905, 1995 –
billion to cover the estimated cost Strengthened the implementation
of the program from 1987-1992. of the CARP.
 Executive Order No. 363, 1997 – However, the Estrada Administration
Limits the type of lands that may was short lived. The masses who put
be converted by setting him into office demanded for his ouster.
conditions under which limits the
type of lands that may be President Gloria Macapacal-Arroyo
converted by setting conditions (2000-2010)
under which specific categories
of agricultural land are either The agrarian reform program under the
absolutely non-negotiable for Arroyo administration is anchored on the
conversion or highly restricted for vision “To make the countryside
conversion. economically viable for the Filipino
 Republic Act No. 8435, 1997 family by building partnership and
(Agriculture and Fisheries promoting social equity and new
Modernization Act AFMA) – economic opportunities towards lasting
Plugged the legal loopholes in peace and sustainable rural
land use conversion. development.”
 Republic Act 8532, 1998
(Agrarian Reform Fund Bill) – Land Tenure Improvement - DAR will
Provided an additional Php50 remain vigorous in implementing land
billion for CARP and extended its acquisition and distribution component
implementation for another 10 of CARP. The DAR will improve land
years. tenure system through land distribution
and leasehold.
President Joseph E. Estrada (1998-
2000) Provision of Support Services - CARP
not only involves the distribution of lands
“ERAP PARA SA MAHIRAP’. This was but also included package of support
the battle cry that endeared President services which includes: credit
Joseph Estrada and made him very assistance, extension services, irrigation
popular during the 1998 presidential facilities, roads and bridges, marketing
election. facilities and training and technical
support programs.
President Joseph E. Estrada initiated the
enactment of the following law: Infrastrucre Projects - DAR will
transform the agrarian reform
Executive Order N0. 151, September communities (ARCs), an area focused
1999 (Farmer’s Trust Fund) – Allowed and integrated delivery of support
the voluntary consolidation of small farm services, into rural economic zones that
operation into medium and large scale will help in the creation of job
integrated enterprise that can access opportunities in the countryside.
long-term capital.
KALAHI ARZone - The KALAHI Agrarian
During his administration, President Reform (KAR) Zones were also
Estrada launched the Magkabalikat Para launched. These zones consists of one
sa Kaunlarang Agraryo or or more municipalities with concentration
MAGKASAKA. The DAR forged into joint of ARC population to achieve greater
ventures with private investors into agro-productivity.
agrarian sector to make FBs
competitive. Agrarian Justice - To help clear the
backlog of agrarian cases, DAR will hire
more paralegal officers to support
undermanned adjudicatory boards and Aside from these initiatives, Aquino also
introduce quota system to compel enacted Executive Order No. 26, Series
adjudicators to work faster on agrarian of 2011, to mandate the Department of
reform cases. DAR will respect the rights Agriculture-Department of Environment
of both farmers and landowners. and Natural Resources-Department of
Agrarian Reform Convergence Initiative
President Benigno Aquino III (2010- to develop a National Greening Program
2016) in cooperation with other government
agencies.
President Benigno Aquino III vowed
during his 2012 State of the Nation President Rodrigo Roa Duterte (2016
Address that he would complete before – present)
the end of his term the Comprehensive
Agrarian Reform Program (CARP), the Under his leadership, the President
centerpiece program of the wants to pursue an “aggressive” land
administration of his mother, President reform program that would help alleviate
Corazon Aquino. the life of poor Filipino farmers by
prioritizing the provision of support
The younger Aquino distributed their services alongside land distribution.
family-owned Hacienda Luisita in Tarlac.
Apart from the said farm lots, he also The President directed the DAR to
promised to complete the distribution of launch the 2nd phase of agrarian reform
privately-owned lands of productive where landless farmers would be
agricultural estates in the country that awarded with undistributed lands under
have escaped the coverage of the the Comprehensive Agrarian Reform
program. Program (CARP).

Under his administration, the Agrarian Duterte plans to place almost all public
Reform Community Connectivity and lands, including military reserves, under
Economic Support Services (ARCCESS) agrarian reform.
project was created to contribute to the
overall goal of rural poverty reduction The President also placed 400 hectares
especially in agrarian reform areas. of agricultural lands in Boracay under
CARP.
Agrarian Production Credit Program
(APCP) provided credit support for crop Under his administration the DAR
production to newly organized and created an anti-corruption task force to
existing agrarian reform beneficiaries’ investigate and handle reports on
organizations (ARBOs) and farmers’ alleged anomalous activities by officials
organizations not qualified to avail and employees of the department.
themselves of loans under the regular
credit windows of banks. The Department also pursues an “Oplan
Zero Backlog” in the resolution of cases
The legal case monitoring system in relation to agrarian justice delivery of
(LCMS), a web-based legal system for the agrarian reform program to fast-track
recording and monitoring various kinds the implementation of CARP.
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.

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