FINAL: MODULE 1

AGRARIAN REFORM FROM THE SPANISH COLONIAL PHILIPPINES TO THE PRESENT

LAND REFORM has gained great significance all over the world as it aims to achieve social justice
and full development of human dignity. Throughout time, the issue of land reform has been
persistent, demanding measures to stop social unrest. Worst scenarios were observed during the
colonial era when the Spanish colonizers introduced new land-holding systems to caciques. The
introduction of Torrens system created serious problems that have far-reaching effects on the
early systems of landholding. The nature inhabitants lost their ancestral domains to the
colonialists.
The poor economic and social conditions of the peasants in the Philippines need
immediate agrarian reform measures by the Philippine government.

PRE-SPANISH PERIOD
Filipinos already lived in villages and barangays even before the Spaniards came to the Philippines.
The settlements were ruled by chieftains or datus who comprised the nobility. There were also
the maharlikas (freemen), the aliping mamamahay (serfs) and aliping saguiguilid (slaves). Despite
the existence of a social structure, everyone had access to the fruits of the soil. Rice was the
medium of exchange as money was yet unknown.

SPANISH PERIOD (1521-1896)

The Spaniards introduced the concept of encomienda to the Philippines. Encomienda was a
system of giving lands (Royal Land Grants) to the Spanish conquerors that were loyal to the
Spanish monarch. As a matter of policy, encomenderos must defend his encomienda from
external attack, maintain peace and order within, and support the missionaries. In turn, the
encomenderos were given the right to collect taxes (tribute) from the indios (natives). Because of
this, encomenderos started to abuse their power by renting their lands to a few powerful
landlords, and the natives who once freely cultivated the land became share tenants.
AGRARIAN UPRISINGS (1745-46)
Taxation was not only the reasons for the revolts of the Filipinos during the Spanish period,
but the agrarian unrest as well. The Agrarian Revolt happened between 1745 and 1746 in
Batangas, Laguna and Cavite, and Bulacan. The revolt happened in the towns of Lian and Nasugbu
in Batangas. The grabbing of lands by the Catholic religious orders angered the native lands
owners and demanded that their lands be returned based on ancestral domain. However, the
Spanish priests refused which resulted to riots and massive looting of convents and the burning
down of churches and ranches. Troops were sent from Manila to Batangas to quell the
disturbance. The encounter was bloody and those who surrendered were pardoned.

The uprising resonated in other towns of the neighboring provinces, notably Biñan, Imus,
Silang, Kawit, Bacoor, San Mateo, Taguig, Parañaque, and Hagonoy. The agrarian conflicts reached
the ear of King Philip VI who appointed Oidor (a judge of the Royal Audiencias and Chancillerías)
Pedro Calderon Enriquez to investigate the charges brought against the religious orders and to
ascertain the validity of their titles to the lands in question. The friars were ordered to submit
their titles to a secular judge, but refused to comply, claiming ecclesiastical exemption. In the face
of their opposition the governor general dispossessed the friars of the lands which were said to
have been illegally occupied by the friars and which they were continuing to hold without
legitimate title, restoring the lands to the Crown. The case was appealed by the friars to the Royal
Audiencia of Manila and that tribunal upheld the first decision; then the case was further
appealed to the Council of the Indies in Spain and again the decision was confirmed. But the
whole matter did not stop here; subsequently, the friars won their case and retained the disputed
lands, and their ownership of the lands remained intact even after the end of the Spanish regime.

THE FIRST PHILIPPINE REPUBLIC

When Gen. Emilio Aguinaldo came to power in 1899, the Malolos Constitution which they
crafted intended to confiscate the so-called Friar lands and other large estates. However, the First
Philippine Republic was short-lived so that the plan to confiscate the lands was never executed.

AMERICAN PERIOD (1898-1935)

There were some noteworthy regulations enacted during the American period. These
were the Philippine Bill of 1902, which set the ceilings on the hectarage of private individuals to
16 hectares, and 1,024 hectares for corporations. The Land Registration Act of 1902 (Act No. 496),
which provided for a comprehensive registration of land titles under the Torrens system. The
Public Land Act of 1903, which introduced the homestead system in the Philippines. The Tenancy
Act of 1933 (Act No. 4054 and 4113), which regulated relationships between landowners and
tenants of rice (50-50 sharing) and sugar cane lands.
However, The Land Registration Act of 1902 did not completely solve the problem of land
registration under the Torrens system because the lands owners might not have been aware of
the law or that they could not pay the survey cost and other fees required in applying for a Torrens
title.

COMMONWEALTH PERIOD (1935-1942)

During this period, President Manuel L. Quezon advocated the Social Justice program to
block the increasing social unrest in Central Luzon. Significant legislations enacted during
Commonwealth period were the following:
The 1935 Constitution, which was promulgated for the promotion of social justice to
ensure the well-being and economic security of all people, should be the concern of the State.
The Commonwealth Act No. 178 (An Amendment to Rice Tenancy Act No. 4045), enacted
on Nov. 13, 1936, provided for certain controls in the landlord-tenant relationships.
The National Rice and Corn Corporation (NARIC) of 1936 established the price of rice and
corn that helped the poor tenants as well as consumers.
The Commonwealth Act. No. 461, 1937, specified the reasons for 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.
The Commonwealth Act No. 441, enacted on June 3, 1939, created the National
Settlement Administration with a capital stock of P20, 000,000.

JAPANESE OCCUPATION
During the Second World War (that started in Europe in 1939 and in the Pacific in 1941),
the Hukbo ng Bayan Laban sa Hapon (HUKBALAHAP) controlled the areas of Central Luzon. The
HUKBALAHAP was composed of peasants and workers who took up arms against the Japanese
forces. Peasants who supported them earned fixed rentals, while landowners who supported the
Japanese lost their lands to peasants. But this was short-lived because it ended with the end of
WWII.
The problems of land tenure in the Philippines remained even after the Philippine
Independence in 1946. To address the problem, the Philippines Congress revised the tenancy law.
PRESIDENT MANUEL ROXAS (1946-1948)
During Roxas' administration, the following laws were enacted: Republic Act No. 34, which
established the 70-30 sharing arrangements and regulated the share-tenancy contracts. Republic
Act No. 55, which provided for a more effective safeguard against arbitrary ejectment of tenants.
PRESIDENT ELPIDIO QUIRINO (1948-1953)
President Elpidio Quirino (1948-1953) issued Executive Order No. 355 on October 23,
1950, replaced the National Land Settlement Administration with Land Settlement Development
Corporation (LASEDECO) that took over the responsibilities of the Agricultural Machinery
Equipment Corporation and the Rice and Corn Production Administration.
PRESIDENT RAMON MAGSAYSAY (1953-1957)
President Ramon Magsaysay (1953-1957) enacted the following laws: (a) Republic Act No.
1160 of 1954, which 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. (b) Republic Act No. 1199 (Agricultural Tenancy Act of 1954), which governed the
relationship between landowners and tenant farmers by organizing share-tenancy and leasehold
system. It also created the Court of Agrarian Relations. (c) Republic Act No. 1400 (Land Reform
Act of 1955), which created the Land Tenure Administration (LTA) that was responsible for the
acquisition and distribution of large tenanted rice and corn lands over 200 hectares for individuals
and 600 hectares for corporations. (d) Republic Act No. 821 (Creation of Agricultural Credit
Cooperative Financing Administration), which provided loans to small farmers and share tenants
with interest rates of as low six to eight percent.

PRESIDENT CARLOS P. GARCIA (1957-1961)

President Carlos P. Garcia (1957-1961) who succeeded the presidency after the death of
President Ramon Magsaysay continued the program.

PRESIDENT DIOSDADO MACAPAGAL (1961-1965)

President Diosdado Macapagal (1961-1965) enacted Republic Act No. 3844 of August 8,
1963 (Agricultural Land Reform Code) that 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.

PRESIDENT FERDINAND MARCOS (1965-1986)

The Philippines "New Society" (Kilusang Bagong Lipunan) was ushered in by the
proclamation of Martial law (Proclamation No. 1081) on September 21, 1972. During this time,
the Agrarian Reform program was put into law and land reform program was implemented. In the
events the followed, President Marcoś decreed the following: (1) Republic Act No. 6389, (Code of
Agrarian Reform) and RA No. 6390 of 1971 that created the Department of Agrarian Reform and
the Agrarian Reform Special Account Fund and expanded the scope of agrarian reform. (2)
Presidential Decree No. 2, September 26, 1972, declared the country under land reform program
andactivated the Agrarian Reform Coordinating Council. All government agencies were ordered
to fully cooperate and assist the Department of Agrarian Reform (DAR). (3) Presidential Decree
No. 27, Octobed 21, 1972, restricted the land reform scope to tenanted rice and corn lands and
set the retention limit at 7 hectares.

PRESIDENT CORAZON C. AQUINO (1986-1992)

Article II, Sec. 21 of the 1987 Philippine Constitution provides that "The State shall
promote comprehensive rural development and agrarian reform." With this, President Cory
Aquino signed into law the following: (1) Executive Order No. 228, July 16, 1987, which declared
full land ownership to qualified farmer-beneficiaries covered by PD 27. (2) Executive Order No.
229, July 22, 1987, provided the mechanism for the implementation of the Comprehensive
Agrarian Reform Program (CARP). (3) Proclamation No. 131, July 22, 1987, which 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. (4) Executive Order No. 129-A, July 26, 1987, which streamlined and
expanded the power and operations of the DAR. (5) Republic Act No. 6657, also known as the
Comprehensive Agrarian Reform Law (CARL) which was signed into law on June 10, 1988. This
law instituted a comprehensive agrarian reform program to promote social justice and
industrialization. This law is still at work until the present. (6) Executive Order No. 405, June 14,
1990, which conferred in the Land Bank of the Philippines (LBP) the responsibility to determine
land valuation and compensation for all lands covered by CARP. (7) Executive Order No. 407, June
14, 1990, 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.
PRESIDENT FIDEL V. RAMOS (1992-1998)
President Fidel V. Ramos (1992-1998) enacted laws that would promote a more
meaningful agrarian reform program. These laws include, (1) Republic Act No. 7881 of 1995. This
law amended certain provisions of RA 6657 and exempted fishponds and prawns from CARP
coverage. (2) Republic Act No. 7905 of 1995, which strengthened CARP implementation. (3)
Executive Order No. 363 of 1997, which prescribed the guidelines for the protection of areas non-
negotiable for conversion and monitoring compliance with Section 20 of the Local Government
Code (4) Republic Act No. 8435 of 1997 (Agriculture and Fisheries Modernization Act AFMA), an
act prescribing urgent related measures to modernize the agriculture and fisheries sectors of the
country in order to enhance their profitability and prepare said sectors for the challenges of
globalization through an adequate, focused and rational delivery of necessary support services,
appropriating funds therefor and for other purposes. (5) Republic Act 8532 of 1998, an act
strengthening further the Comprehensive Agrarian Reform Program (CARP), by providing
augmentation fund therefor, amending for the purpose Section 63 of Republic Act No. 6657,
otherwise known as "The CARP Law of 1988". This law provided an additional Php50 billion for
CARP and extended its implementation for another 10 years.

PRESIDENT JOSEPH E. ESTRADA (1998-2000)

ERAP initiated the enactment of Executive Order NO. 151, September 1999 (Farmer's Trust
Fund), which established the farmers trust development program and provided institutional
reforms and fund mechanisms for mobilizing long term private sector capital for rural
development. President Estrada launched the Magkabalikat para sa Kaunlarang Agraryo or
MAGKASAKA. The DAR forged into joint ventures with private investors into agrarian sector. The
"Agrikulturang Maka Masa" was also launched that achieved an output growth of 6 percent,
which lowered the inflation rate from 11 percent in January 1999 to just a little over 3 percent by
November of the same year. This was a record high at the time.

PRESIDENT BENIGNO SIMEON COJUANGCO AQUINO III (2010-2016)

President Benigno Simeon Cojuangco Aquino III (2010-2016) together with farmers,
Catholic bishops, and other land reform advocates developed a plan of action for the
implementation of the Comprehensive Agrarian Reform Program Extension with Reforms
(CARPER). Aquino established the multi-stakeholders mechanism, composed of representatives
from the Department of Agrarian Reform and other CARP implementing agencies of the
government, Church officials, non-governmental organizations, peoples organizations, and other
farmers' groups and federations to monitor the implementation of the CARP, specifically focusing
on: (a) coverage and distribution of agricultural lands; (b) movement and performance of
Department of Agrarian Reform personnel; (c) delivery of support services to the beneficiaries;
and (d) budget allocation and utilization.

PRESIDENT RODRIGO ROA DUTERTE (2016-PRESENT)

The issue of land reform has been persistent even up to the present time. The current
Duterte administration is committed to pursuing the agrarian reform program in the country.
President Duterte, who is also the chairman of the Presidential Agrarian Reform Council (PARC),
has included land tenure security in his 10-point socio-economic agenda to improve the quality
of life of farmers and raise their productivity.