SOCIOECONOMIC AND

POLITICAL ISSUES
Agrarian Reform and Philippine Constitution
Agrarian Reform in the
Philippines
Agrarian problem
• More than 400 years struggle of Filipino farmers
Hacienda Luisita Massacre November 6,
2004
Mendiola massacre January 22, 1987
Escalante Massacre September 20, 1985
Agrarian Land
Reform Reform Reform
barangay

Kaingin system

Maragtas code
Luwaran
code

Pre-colonial
period
 Agricultural Tenancy
Friar Lands

Spanish
Period Repartamientos
(1521-
1896)
Encomienda
Encomienda Probl Abusive Compras y
System
ems
encomienderos vandalas
 • Land Registration
- 1865 Law
• Spanish officials,
inquilinos,
caciques vs
peasant families

Ley • Mortgage law of

1893
Hipotecari • Systematic
registration of
a titles and deeds

• Royal decree of 1894

• Farmers and

Maura Law landholders were

given one year to
register agricultural
lands
 t:
ac
Re
We may need doctors
and lawyers once in our
lives, but we need
farmers three times a
day.
 American Period (1898-1935)
Homestead Program
Philippine Bill of 1902 Torrens System
of 1903
• provided regulations • The Land • This program
on the disposal of Registration Act of allowed an
public lands wherein 1902 or Act. No. enterprising tenant
a private individual 496: placed all to acquire a farm of
can own 16 hectares private and public at least 16 hectares
of land while the lands under Torrens to cultivate
corporate land system
holdings can avail of • The Cadastral Act or
1, 024 hectares. Act. No. 2259:
speeds up the
issuance of Torrens
titles
 Friar Land
Act (Act. No.
1120)

Other
agrarian
Sugarcane laws
Rice Share
Tenancy
Tenancy Act
Contracts Act
of 1933 or
of 1933 or
Act. No. 4054
Act No. 4113
J
A
P Japanese and
A Rich Landlords
N
E
S
E HUKBALAHAP

P
E
R
Retrieval of
I lands by the
O landlords
D
Comparative Analysis:

Spaniards

Japanese Americans
 Manuel
Manuel Quezon
Quezon Manuel
Manuel Roxas
Roxas Elpidio Quirino
(1935-1944)
(1935-1944) (1946-1948)
(1946-1948) (1948-1953)

Carlos P. Ramon
Garcia Magsaysay
RA 4054 or the Rice Tenancy
Law (1957-1961) (1953-1957)
Problem: this law was hardly
implemented because most of
the municipal councils were
composed of powerful
hacienderos and big landlords.
Manuel Quezon Manuel
Manuel Roxas
Roxas Elpidio Quirino
(1935-1944) (1946-1948)
(1946-1948) (1948-1953)

Carlos P. Ramon
Garcia Magsaysay
(1957-1961) (1953-1957)

Republic Act No. 34

Problem: due to lack of support facilities,

these farmers were forced to resell their lands
to the landowning class. This failure gave basis
to doubt the real meaning of land reform
program.
Manuel Quezon Manuel Roxas Elpidio Quirino
(1935-1944) (1946-1948) (1948-1953)

Executive
Order No. 355
Problem: due to
limited post-warCarlos P. Ramon
resources, the Garcia Magsaysay
program was(1957-1961)
not
successful (1953-1957)
 Manuel Quezon Manuel Roxas Elpidio Quirino
(1935-1944) (1946-1948) (1948-1953)

R.A. No. 1199 (1954): This

law helped protect the
tenurial rights of tenant
tillers and enforced fair
tenancy practices.
Carlos P. Ramon
Garcia Magsaysay
(1957-1961) (1953-1957)
R.A. No. 1400 (1955): Land
Reform Act or known as
“Land to the Landless”
Program which sought
improvement in land
tenure and guaranteed the
expropriation of all
tenanted landed estates.
Manuel Quezon Manuel Roxas Elpidio Quirino
(1935-1944) (1946-1948) (1948-1953)

Carlos P. Ramon
no on Garcia Magsaysay
sl ati (1957-1961) (1953-1957)
g i
le ssed
pa
 Diosdado
Macapagal

Joseph Estrada Ferdinand

Marcos
Agricultural Land Reform Code
or RA No. 3844

lessees owner-
cultivators

Fidel Ramos Corazon Aquino

Problem: The landed Congress did not provide effort to come up with a
separate bill to provide funding for its implementation.
 Presidential Decree No. 27
Diosdado
Macapagal
The law stipulated that share tenants who worked from a
landholding of over 7 hectares could purchase the land they
tilled, while share tenants on land less than 7 hectares would
become leaseholders.

Joseph Estrada Ferdinand

Marcos
Land
Human
Tenure
Resources
Program

Agricultural Institutional
Development Development Corazon Aquino
Fidel Ramos

Physical
Development
 Support
Delivery of
Land tenure services and
agrarian
improvement productivity
justice.
improvement

Joseph Estrada Ferdinand

Marcos
RA 6657 or Comprehensive Agrarian Reform Law

Proclamation 131

Fidel Ramos Corazon Aquino

• 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
• credited for enhancing internal operating systems and strengthening the
capabilities of the DAR bureaucracy.
• also credited for tapping more
Josephresources
Estrada to help implement the program
Ferdinand
Marcos

Fidel Ramos Corazon

Aquino
Magkabalikat Para sa The concept was for
investors to bring in
Ferdinand
Kaunlarang Agraryo Joseph Estrada
Marcos
capital, technology and
(MAGKASAKA) management support
while the farmers will
contribute, at most, the
use of their land itself.

Fidel Ramos Corazon Aquino

GMA P-NOY

BAYAN-ANIHAN RA9700

* Salin-Lupa
* Land Tenure Improvement

* Katarungan
* Program Beneficiaries Development

* Bayanihan
* Agrarian Justice Delivery
* Kabayanihan or the Konsehong Bayan
Para sa Anihan

* Kamalayan
DIGONG
• Land Acquisition and Distribution (LAD)
• distribution of Certificates of Land Ownership Award or CLOA
• “It is the ultimate aspiration of every farmer to own the lands that
they till. Now, with these titles in their hands, I am confident that
every beneficiary will be inspired to improve and increase their
production through sustainable farming methods.”
• “As we work together in improving the quality of life of our farmers,
their families and communities, I am counting on all our agrarian
reform beneficiaries to support the growth and development of our
agricultural sector through responsible farming.”
• From 1992 to 1994, the DAR, under President Fidel Ramos’s watch,
recorded the highest LAD accomplishment, distributing a total of
1,113,019 hectares of land to CARP beneficiaries, or an average of
371,006 hectares yearly.
• The administration with the second highest LAD accomplishment was
that of late former President Corazon Aquino. In its first three years of
implementing Republic Act 6657, or the Comprehensive Agrarian
Reform Law of 1988, her administration was able to distribute a total
of 452,074 hectares from 1988 to 1990, or 150,691 hectares annually.
• Third was the Estrada administration that distributed to CARP
beneficiaries a total of 379,905 hectares from 1998 to 2000, or
126,635 hectares yearly.
• It was followed by the second Aquino administration with LAD
accomplishment of 320,916 hectares from 2010 to 2012, or 106,972
hectares annually, and by the Arroyo administration that distributed
313,778 hectares from 2001 to 2003, or 104,593 hectares yearly.
Agrarian unrest
• New People’s Army (NPA) 
• Kilusang Mayo Uno (KMU – May 1st Movement)
• BAYAN coalition
• Bukluran ng Manggagawang Pilipino (BMP – Solidarity of Filipino Workers)
• SANLAKAS front
• National Federation of Labor (NFL)
•  Hukbong Mapagpalaya ng Bayan (HMB) or the People's Liberation Army
• Stalinist Communist Party of the Philippines (PKP) during the late 1940s and
1950s.
• Rebolusyonaryong Grupo ng mga Komunista (RGK)
• Kilusang Magbubukid ng Pilipinas (KMP)
• Kilusang Magbubukid ng Bikol (KMB-KMP)
• Karapatan Alliance for the Advancement of Peoples Rights – Bicol
(Karapatan-Bicol)
II. THE PHILIPPINE CONSTITUTION
• Constitutuo – fixed or established
Two themes:
1. SUPREME LAW – laws are formulated in
accordance to the provisions of the
constitution
• CONSTITUTION
• It is the duty of the Philippine State to
protect, maintain and preserve the natural
& physical resources of the country to
establish ecological balance (sec. 16 Art II)
• STATUTES were formed:
• Mining Act of the Philippines
• Clean Water Act
• Solid Waste Management Act
• Clean Air Act
• Hence if there is a law/statute that is
contrary to the provisions of the
constitution will be held
UNCONSTITUTIONAL
LAWS DECLARED
UNCONSTITUTIONAL
• PP 1017 – Declaration putting the State under State of National Emergency
• RA 7659 or The Death Penalty Law (sec. 5 Art II) on clause of protection of
life of people.
• Proclamation putting Maguindanao under Martial Law
• EO no. 01, 2010 – Truth Commission
• Anti-cybercrime Law(Some provisions)
• RH Law (Some provisions)
• Disbursement Acceleration Program
• Priority Development Assistance Fund Act
The Constitution is also
2. FUNDAMENTAL LAW – it
defines the powers and
functions, structure, systems
and processes of the
government.
What is a statute?
• law formulated and passed by the legislature
• REPUBLIC ACTS
• RESOLUTIONS
• ORDINANCES
• COMMONWEALTH ACTS
• BATAS PAMBANSA
• EO,PP,PI, PO, PD, MC under 1973 constitution
Comparison
CONSTITUTION STATUTE
• Legislation by the • Legislation by
people legislators
• General framework of • Specific details on the
laws subject it treats
• Treats present and • Treats only present
future & present problems
problems • Inferior to the
• Superior to other laws constitution
CONSTITUTIONS OF THE PHILIPPINES
• 1898 CONSTITUTION
• 1935 CONSTITUTION
• 1943 CONSTITUTION
• 1973 CONSTITUTION
• 1987 CONSTITUTION
Constitutional history
1. 1899 Constitution (Malolos Constitution)
• Malolos Congress made the first Philippine Constitution which was approved
on January 20, 1899
• Gave birth to the First Philippine Republic.
2. 1935 Constitution
• The US approved a ten-year transition plan in 1934 and drafted a new
constitution in 1935.
• featured a political system identical to the American system.
• President to be elected at large for a 4-year term (subject to one re-
election), a bicameral Congress, and an independent Judiciary.
3. 1943 Constitution
• A new constitution was ratified in 1943 by Filipino collaborators who
were called the Kapisanan sa Paglilingkod ng Bagong Pilipinas
(Kalibapi).
• An active guerilla movement continued to resist the Japanese
occupation. 
• Dissolved by President Jose P. Laurel in 1945
• After Philippine independence on July 4, 1946, the 1935 Constitution
was revived.
4. 1973 Constitution
• Marcos manipulated an ongoing Constitutional Convention and
caused the drafting of a new constitution – the 1973 Constitution
• allowed him to rule by decree until 1978
• the presidential system of the 1935 Constitution was replaced with a
parliamentary one.
• Marcos held on to power and continued to govern by decree,
suppressing democratic institutions and restricting civil freedoms.
• 5. 1986 Provisional Constitution
• Aquino began her term by repealing many of the Marcos-era
regulations
• In March 1986, she issued a unilateral proclamation establishing a
provisional constitution.
• This gave the President broad powers and great authority, but Aquino
promised to use them only to restore democracy under a new
constitution.
• 6. 1987 Constitution
• This new constitution was drafted in 133 days by an appointed
Constitutional Commission of 48 members and ratified by the people
in a plebiscite held on February 2, 1987.
• It was largely modelled on the American Constitution which had so
greatly influenced the 1935 Constitution, but it also incorporated
Roman, Spanish, and Anglo law.
• The 1987 Constitution established a representative democracy with
power divided among three separate and independent branches of
government: the Executive, a bicameral Legislature, and the Judiciary.
• There were three independent constitutional commissions as well:
the Commission on Audit, the Civil Service Commission, and the
Commission on Elections.
• Integrated into the Constitution was a full Bill of Rights, which
guaranteed fundamental civil and political rights, and it provided for
free, fair, and periodic elections.