And Agrarian Policies

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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”
AGRARIAN REFORM POLICIES
Pre-Spanish Period ( “This land is Ours God gave this land to us”)Before the Spaniards came to the
Philippines, Filipinos lived in villagesor barangays ruled by chiefs or datus. The datus comprised the nobility.
Thencame the maharlikas (freemen), followed by the aliping mamamahay (serfs)and aliping saguiguilid
(slaves).However, despite the existence of different classes in the socialstructure, practically
everyone had access to the fruits of the soil. Money wasunknown, 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 ofencomienda (Royal Land
Grants) was introduced. This system grants tha tEncomienderos must defend his encomienda from external
attack, maintainpeace and order within, and support the missionaries. In turn, theencomiendero
acquired the right to collect tribute from the indios (native).The system, however, degenerated into
abuse of power by theencomienderos The tribute soon became land rents to a few
powerfullandlords. And the natives who once cultivated the lands in freedom weretransformed 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
toconfiscate large estates, especially the so-called Friar lands.However, as the Republic was short-lived,
Aguinaldo’s plan was neverimplemented
American Period (“Long live America”)
Significant legislation enacted during the American Period:
Philippine Bill of 1902 – Set the ceilings on the hectarage of privateindividuals and corporations may acquire:
16 has. for private individuals and1,024 has. for corporations.
Land Registration Act of 1902 (Act No. 496) – Provided for acomprehensive registration of land
titles under the Torrens system.Public Land Act of 1903 – introduced the homestead system in
thePhilippines.Tenancy Act of 1933 (Act No. 4054 and 4113) – regulated relationshipsbetween landowners
and tenants of rice (50-50 sharing) and sugar canelands.The Torrens system, which the Americans
instituted for the registration oflands, did not solve the problem completely. Either they were not aware of
thelaw or if they did, they could not pay the survey cost and other fees required inapplying for a Torrens title
.Commonwealth Period (“Government for the Filipinos”)President Manuel L. Quezon espoused the "Social
Justice" program toarrest 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-tenantrelationships
National Rice and Corn Corporation (NARIC), 1936 – Established theprice of rice and corn thereby help the
poor tenants as well as consumers.Commonwealth Act. No. 461, 1937 – Specified reasons for the dismissal
oftenants and only with the approval of the Tenancy Division of the Departmentof Justice.Rural Program
Administration, created March 2, 1939 – Provided thepurchase and lease of haciendas and their sale and lease
to the tenants.
Commonwealth Act No. 441 enacted on June 3, 1939 – Created the NationalSettlement 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 whosupported 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 acquiredby the peasants.Upon the arrival
of the Japanese in the Philippines in 1942, peasantsand 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, theproblems 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 arrangementsand regulating share-tenancy contracts.Republic Act No. 55
-- Provided for a more effective safeguard againstarbitrary ejectment of tenants
Elpidio R. Quirino (1948-1953) enacted the following law:
Executive Order No. 355 issued on October 23, 1950 -- Replaced theNational Land Settlement Administration
with Land Settlement DevelopmentCorporation (LASEDECO) which takes over the responsibilities of
theAgricultural Machinery Equipment Corporation and the Rice and CornProduction Administration
.Ramon Magsaysay (1953-1957) enacted the following laws:
Republic Act No. 1160 of 1954 -- Abolished the LASEDECO andestablished the National
Resettlement and Rehabilitation Administration(NARRA) to resettle dissidents and landless farmers. It was
particularly aimedat rebel returnees providing home lots and farmlands in Palawan andMindanao.
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 oftenants. It also created the Court of Agrarian Relations.
Republic Act No. 1400 (Land Reform Act of 1955) -- Created the Land TenureAdministration (LTA) which was
responsible for the acquisition and distribution
of large tenanted rice and corn lands over 200 hectares for individuals and600 hectares for corporations
.Republic Act No. 821
(Creation of Agricultural Credit CooperativeFinancing Administration) -- Provided small farmers and share
tenants loanswith 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 ReformCode) -- Abolished share tenancy, institutionalized leasehold, set
retentionlimit at 75 hectares, invested rights of preemption and redemption for tenantfarmers, 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 fromthe bondage of tenancy.
President Ferdinand E. Marcos (1965-1986)
Proclamation No. 1081 on September 21, 1972 ushered the Period ofthe New Society. Five days after the
proclamation of Martial Law, the entirecountry was proclaimed a land reform area and simultaneously the
AgrarianReform Program was decreed.President Marcos enacted the following laws:
Republic Act No. 6389, (Code of Agrarian Reform) and RA No. 6390 of1971 -- Created the Department of
Agrarian Reform and the Agrarian ReformSpecial Account Fund. It strengthen the position of farmers and
expanded thescope of agrarian reform.
Presidential Decree No. 2, September 26, 1972 -- Declared the countryunder land reform program. It
enjoined all agencies and offices of thegovernment to extend full cooperation and assistance to the
DAR. It alsoactivated the Agrarian Reform Coordinating Council.
Presidential Decree No. 27, October 21, 1972 -- Restricted land reformscope 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 administrationof President Corazon C. Aquino
provides under Section 21 under Article II that The State shall promote comprehensive rural
development and agrarianreform.”On June 10, 1988, former President Corazon C. Aquino signed into law
Republic Act No. 6657 or otherwise known as the Comprehensive AgrarianReform Law (CARL). The law
became effective on June 15, 1988.Subsequently, four Presidential issuances were released in July 1987after
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 toqualified farmer-beneficiaries covered by
PD 27. It also determined the valueremaining unvalued rice and corn lands subject of PD 27 and provided for
themanner of payment by the FBs and mode of compensation to landowners.
Executive Order No. 229, July 22, 1987 –
Provided mechanism forthe implementation of the Comprehensive Agrarian Reform Program (CARP)
.Proclamation No. 131, July 22, 1987 – Instituted the CARP as a majorprogram of the
government. It provided for a special fund known as the Agrarian Reform Fund (ARF), with an initial
amount of Php50 billion to coverthe estimated cost of the program from 1987-1992.Executive Order No.
129-A, July 26, 1987 – streamlined andexpanded the power and operations of the DAR.
Republic Act No. 6657, June 10, 1988 (Comprehensive AgrarianReform Law) – An act which became
effective June 15, 1988 and instituted acomprehensive agrarian reform program to promote social
justice andindustrialization providing the mechanism for its implementation and for otherpurposes. This law
is still the one being implemented at present.
Executive Order No. 405, June 14, 1990 – Vested in the Land Bankof the Philippines the responsibility to
determine land valuation andcompensation for all lands covered by CARP.
Executive Order No. 407, June 14, 1990 – Accelerated the acquisitionand distribution of agricultural lands,
pasture lands, fishponds, agro-forestrylands 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, hisadministration came face to face
with critics who have lost confidence in theagrarian 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 RA6657 and exempted fishponds and
prawns from the coverage of CARP.
Republic Act No. 7905, 1995 – Strengthened the implementation ofthe CARP.
Executive Order No. 363, 1997 – Limits the type of lands that may beconverted by setting conditions under
which limits the type of lands that maybe converted by setting conditions under which specific
categories ofagricultural land are either absolutely non-negotiable for conversion or highlyrestricted for
conversion.
Republic Act No. 8435, 1997 (
Agriculture and Fisheries ModernizationAct AFMA) – Plugged the legal loopholes in land use
conversion.Republic Act 8532, 1998 (Agrarian Reform Fund Bill) – Provided anadditional Php50 billion for CARP
and extended its implementation for another10 years.
President Joseph E. Estrada (1998-2000)“ERAP PARA SA MAHIRAP’.
This was the battle cry that endearedPresident Joseph Estrada and made him very popular during
the 1998presidential 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 andlarge scale integrated enterprise that can access long-term capital.During his
administration, President Estrada launched theMagkabalikat Para sa Kaunlarang Agraryo or MAGKASAKA.
The DAR forgedinto joint ventures with private investors into agrarian sector to make
FBscompetitive.However, the Estrada Administration was short lived. The masses whoput him into office
demanded for his ouster
.President Gloria Macapacal-Arroyo (2000-2010)
The agrarian reform program under the Arroyo administration isanchored on the vision “To make the
countryside economically viable for theFilipino family by building partnership and promoting social equity and
neweconomic opportunities towards lasting peace and sustainable ruraldevelopment.”Land Tenure
Improvement - DAR will remain vigorous in implementingland acquisition and distribution component of
CARP. The DAR will improveland tenure system through land distribution and leasehold.Provision of Support
Services - CARP not only involves the distributionof lands but also included package of support services which
includes: creditassistance, extension services, irrigation facilities, roads and bridges,marketing facilities
and training and technical support programs

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